ATC230906: Report of the Portfolio Committee on Justice and Correctional Services on the Draft Notice and Schedule Determining the Rate, with effect From 1 April 2022, at which Salaries and Allowances are Payable to the Commissioners of the South African Human Rights Commission Annually, for approval by Parliament In terms of Section 9(1) of the South African Human Rights Commission Act, 2013 (Act No 40 of 2013), Dated 6 September 2023

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on the Draft Notice and Schedule Determining the Rate, with effect From 1 April 2022, at which Salaries and Allowances are Payable to the Commissioners of the South African Human Rights Commission Annually, for approval by Parliament In terms of Section 9(1) of the South African Human Rights Commission Act, 2013 (Act No 40 of 2013), Dated 6 September 2023.

 

The Portfolio Committee on Justice and Correctional Services, having considered the Draft notice and schedule determining the rate, with effect from 1 April 2022, at which salaries and allowances are payable to the Commissioners of the South African Human Rights Commission annually, for approval by Parliament in terms of section 9(1) of the South African Human Rights Commission Act, 2013 (Act No 40 of 2013), reports as follows:

 

1. The matter was referred to the Committee on 18 August 2023 to consider and report on the President’s proposed determination of the salaries and allowances payable to Commissioners of the South African Human Rights Commission annually with effect from 1 April 2022.
    
2. Section 219 (5) of the Constitution of the Republic of South Africa, 1996, provides that national legislation must establish frameworks for determining the salaries, allowances and benefits of members of any commission provided for in the Constitution, including the broadcasting authority referred to section 192.
    
3. The Determination of Remuneration of Office Bearers on Independent Constitutional Institutions Laws Amendment Act 22 of 2014 creates the necessary framework to determine the salaries of office bearers of independent constitutional institutions. Among others, the Act amends the South African Human Rights Commission Act 40 of 2013 to provide a process to determine the salaries of the office bearers of these constitutional institutions.
    
4. Section 9(1) of the South African Human Rights Commission Act, 2013, read with section 17 of the Determination of Remuneration of Office Bearers on Independent Constitutional Institutions Laws Amendment Act, 2014, provides similarly with respect to the salaries, allowances and benefits of the full and part-time commissioners of the South African Human Rights Commission.
    
5. Section 9(5) of the South African Human Rights Commission Act, 2013, requires the President to submit the Notice to the National Assembly for approval, whether whole or in part, or disapproval, before publication.
    
6. The Independent Commission recommended a 3.8% salary increment for all categories of public office bearers for the financial year 2022/23, including office-bearers of the independent constitutional institutions.
    
7. In a letter, dated 8 August 2023, the President informed the House that he has considered the Independent Commission’s recommendations and the serious economic challenges facing the country and intends to determine a 3% salary increment for all members of the independent constitutional institutions with effect from 1 April 2022, subject to the National Assembly’s approval.

 

Recommendation

 

8. The Committee recommends that the National Assembly resolve to approve the Draft notice and schedule determining the rate, with effect from 1 April 2022, at which salaries and allowances are payable to the Commissioners of the South African Human Rights Commission annually, for approval by Parliament in terms of section 9(1) of the South African Human Rights Commission Act, 2013 (Act No 40 of 2013).

 

Report to be considered