ATC240910: Report of the Portfolio Committee on Home Affairs on the draft notice determining the remuneration of Commissioners of the Electoral Commission of South Africa (IEC) for the 2023/24 and 2024/25 financial years, dated 10 September 2024

Home Affairs

Report of the Portfolio Committee on Home Affairs on the draft notice determining the remuneration of Commissioners of the Electoral Commission of South Africa (IEC) for the 2023/24 and 2024/25 financial years, dated 10 September 2024.

 

The Portfolio Committee on Home Affairs, having considered the draft notice of the President’s determination of the salaries and allowances of members of various institutions, including Commissioners of the Electoral Commission of South Africa (IEC), reports as follows:

1. A notice, dated  28 May 2024, was received from the President of the Republic, requiring the National Assembly to consider the determination of the salaries and allowances of members of various institutions, including the Commissioners of the Electoral Commission (IEC) in terms of the Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No. 22 of 2014) for the 2023/24 and 2024/25 financial years, usually required by the end of the financial year.
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 judges, the Public Protector, the Auditor-General, and members of any commission provided for in the Constitution, including the Electoral Commission referred to in section 192 of the Constitution.

4.  The Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No. 22 of 2014), which came into operation on 1 April 2019, creates the necessary framework to determine the salaries of office-bearers of Chapter 9 institutions mentioned in the Constitution.

5.  Section 7(2) of the Electoral Act 73 of 1998 provides that the conditions of service, remuneration, allowances and other benefits of Commissioners shall from time to time be determined by the President after consultation with the Commission on Remuneration of Representatives established by section 2 of the Commission on the Remuneration of Representatives Act, 1994 (Act 37 of 1994), and a distinction may be made between commissioners appointed in a full-time and part-time capacity.

 6. The President receives the annual salary recommendations for the Public Office-Bearers of the Independent Constitutional Institutions from the Independent Commission for the Remuneration of Public Office Bearers.

7. The Commission recommended a 3.8% salary increment for all categories of public officer bearers including members of the Independent Constitutional Institutions for the financial year 2022/2023.

8. The President considered the Commission’s recommendations and serious economic challenges facing the country and decided on a 3% salary increment for all members of the Independent Constitutional Institutions.

9.  The one part-time IEC Commissioner is a Judge and as such is remunerated in terms of section 2(4) of the Judges’ Remuneration and Conditions of Employment Act 2001, (Act No 47 of 2001).

 

Recommendation.

The Committee, having deliberated, concur with the President’s determination on the remuneration adjustment of IEC Commissioners, that a retrospective salary increase of 3% be implemented for the 2023/24 financial year and 2.5% for the 2024/25 financial years for the Chairperson and other full-time Commissioners relative to the last salary level adopted for the 2022/2023 financial year (R2 573 782 for Chairperson and R2 240 835 for full time Commissioners respectively). This equates to a total remuneration of

• R2 650 995 in 2023/24 and R2 717 270 in 2024/25 for the Chairperson of the IEC.
• R2 308 060 in 2023/24 and R2 365 762 in 2024/25 for full-time Commissioners.
• A part–time Commissioner will be renumerated a daily rate or hourly sitting rate calculated on the basic salary of the judge of the High Court.

The Committee recommends that the National Assembly approve the notice determining the remuneration of the Commissioners of the Electoral Commission of South Africa (IEC).

  

Report to be considered.