ATC240911: Report of the Portfolio Committee on Justice and Constitutional Development on the Draft Notice And Schedule Determining the Rate, with Effect From 1 April 2024, at Which Salaries and Allowances Are Payable to the Commissioners of the South African Human Rights Commission Annually, for Approval In terms of Section 9(1) of the South African Human Rights Commission Act, 2013 (Act No. 40 of 2013), Dated 11 September 2024

Justice and Constitutional Development

Report of the Portfolio Committee on Justice and Constitutional Development on the Draft Notice And Schedule Determining the Rate, with Effect From 1 April 2024, at Which Salaries and Allowances Are Payable to the Commissioners of the South African Human Rights Commission Annually, for Approval In terms of Section 9(1) of the South African Human Rights Commission Act, 2013 (Act No. 40 of 2013), Dated 11 September 2024

 

The Portfolio Committee on Justice and Constitutional Development, having considered the draft notice and schedule determining the rate, with effect from 1 April 2024, at which salaries and allowances are payable to the Commissioners of the South African Human Rights Commission annually, reports as follows:

 

1. The matter was referred to the Committee on 9 July 2024 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 2024.

 

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.

 

3. The Determination of Remuneration of Office Bearers of 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 of 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 2.5 % salary increment for all categories of public office bearers, including office-bearers of the independent constitutional institutions for the 2024/25 financial year.

 

7. In a letter, dated 28 May 2024, the President informed the House that he has considered the Independent Commission’s recommendation and the serious economic challenges facing the country and intends to determine a 2.5% salary increment for all members of the independent constitutional institutions, with effect from 1 April 2024, 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 2024, at which salaries and allowances are payable to the Commissioners of the South African Human Rights Commission annually.

 

Report to be considered