ATC231130: Report of the Portfolio Committee on Justice and Correctional Services on the Appointment of Commissioners to the South African Human Rights Commission, Dated 30 November 2023
Justice and Correctional Services
Report of the Portfolio Committee on Justice and Correctional Services on the Appointment of Commissioners to the South African Human Rights Commission, Dated 30 November 2023
The Portfolio Committee on Justice and Correctional Services, having considered the request to initiate a process to fill the vacancies arising, referred to it, reports as follows.
- In a letter to the Speaker, dated 30 January 2023, the Chairperson of the South African Human Rights Commission informed the National Assembly of the resignation of Commissioner B Malatji with effect from 31 January 2023.
- The matter was referred to the Committee for consideration and report on 16 February 2023.
- In a further letter, dated 24 April 2023, the Chairperson of the South African Human Rights Commission reminded the House that he had informed the National Assembly that Commissioner B Malatji had resigned with effect from 31 January 2023, and alerted it to a further 5 vacancies that would arise when the term of the following commissioners expires on 31 December 2023:
- Commissioner A Gaum.
- Commissioner A Makwetla.
- Commissioner B Majola (Chairperson).
- Commissioner C Nissen (part-time).
- Commissioner J Sibanyoni (part-time).
4. The Chairperson of the Commission also asked the National Assembly to consider appointing all the commissioners in a full-time capacity. He highlighted the Commission’s workload, which far outweighs the available capacity in support. In effect, the two part-time commissioners work as if they are full-time but are not remunerated as such.
5. The Speaker referred the matter in a letter addressed to the Chairperson of the Committee, dated 4 May 2023, for the Committee to process.
6. Section 193(4) of the Constitution provides that the President, on the recommendation of the National Assembly, must appoint the members of the South African Human Rights Commission.
7. Further, section 193(5) of the Constitution provides that National Assembly must recommend persons nominated by a committee of the Assembly, proportionally composed of members of all parties represented in the Assembly; and approved by the Assembly by a resolution adopted with a supporting vote of a majority of the members of the Assembly.
8. Section 5(2) of the Act provides that the recommendation must also indicate whether the member is to be appointed in a full-time or part-time capacity. The section further provides that there can be no fewer than six full-time members of the Commission. Notably, two of the six vacant positions being filled are part-time.
9. The Act provides that the commissioners will be appointed for a period of not more than seven years and will, at the expiry of such period, be eligible for reappointment.
10. The Committee advertised the position requesting members of the public to nominate candidates for appointment. The names of all those who applied or were nominated were published on Parliament’s website for comment.
11. The Committee agreed to a short-list of 13 candidates, who were as follows:
Mr J Sibanyoni.
Adv. S Makoasha.
Mr A Gungubele.
Dr W Boshoff.
Mr KR Teele.
Mr V Seymour.
Ms Z Nzo.
Ms E Khwinana.
Mr A Nissen.
Mr G Son.
Prof B Majola.
Prof T Madlingozi.
Adv A Gaum.
12. The Committee agreed that the shortlisted candidates should undergo suitability screening and their academic qualifications would be verified. Parliament should be asked to facilitate screening of the candidates. The results were made available to the Committee before it made its decision on who it would recommend to the House for appointment.
13. On 14 and 15 November 2023, the Committee interviewed the candidates. As Ms Z Nzo was unable to provide all the required documentation prior to the meeting, the Committee was unable to proceed with her interview.
14. After deliberating, the Committee resolved to nominate the following for appointment as commissioners, all for a period of seven years.
15. Position of Chairperson
15.1 The Committee also considered the appointment of a Chairperson of the Commission, in terms of section 7 of the Act and nominates Mr AC Nissen.
16. Recommendation
16.1.2. The Committee, therefore, recommends that the National Assembly resolve that:
16.1.2. The following be appointed as full-time commissioners of the South African Human Rights Commission:
a) Mr AC Nissen
b) Ms ENB Khwinana
c) Dr WH Boshoff
d) Prof. T Madlingozi
16.1.2. The following be appointed as part-time commissioners of the South African Human Rights Commission:
a) Adv S Makoasha
b) Mr AA Gungubele
16.1.3. All appointments be for a period of seven years from the date of appointment.
16.1.4. Mr AC Nissen be appointed as the Chairperson of the Commission.
17. Appreciation
17.1. The Committee would like to thank all those who made themselves available to be considered for the appointment.
Report to be considered.