Constitutional commissions

South African Human Rights Commission (SAHRC)
Public Protector

 

South African Human Rights Commission (SAHRC)

The SAHRC is an independent statutory body established in terms of chapter 9 of the Constitution with a mandate to enhance constitutional democracy by promoting, protecting and overseeing human rights. It promotes awareness of human rights, ensures compliance with socioeconomic rights outlined in the Constitution, offers education and training, and works to provide effective remedies when violations occur.

The powers and functions of the commission are further detailed in the Human Rights Commission Act of 1994. The commission is also tasked with overseeing the national preventive mechanism, which was created as part of South Africa’s adherence to the United Nations Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and managing the independent monitoring mechanism in line with the United Nations Convention on the Rights of Persons with Disabilities.

Over the next three years, the commission will continue to advance human rights, and safeguard against and oversee the prevention of human rights violations by collaborating with relevant parties, advocating for human rights reforms and positions in policies and legislation, and fostering adherence to these rights, as outlined in the Bill of Rights. In this regard, over the next three years, the commission plans to maintain the number of complaints and enquiries finalised at 5 000 in each year of the MTEF period.

This will be done through focus group dialogues with communities. Total expenditure is expected to increase at an average annual rate of 1.9%, from R216.9 million in 2022/23 to R229.3 million in 2025/26. Compensation of employees accounts for 70% (R612.6 million) of total spending, increasing at an average annual rate of 3.4%, from R144.4 million in 2022/23 to R159.4 million in 2025/26.

The commission expects to derive 98.6% (R863.6 million) of its revenue over the medium term through transfers from the department, increasing at an average annual rate of 3.1%.

Public Protector of South Africa

The Public Protector of South Africa was established in terms of Section 181 of the Constitution, which mandates it to strengthen constitutional democracy by investigating any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or result in any impropriety or prejudice; report on that conduct; and take appropriate remedial action. Section 182 of the Constitution states that the public protector must be accessible to all persons and communities.

Over the next the years, the entity will continue to focus on conducting investigations to root out improper conduct and maladministration in state affairs. In doing this, it aims to finalise 80% of early resolution cases within six months, service delivery cases within 12 months, and good governance and integrity cases within 24 months.

Expenditure is expected to increase at an average annual rate of 3%, from R360.9 million in 2022/23 to R394.2 million in 2025/26. Compensation of employees is the institution’s main cost driver, spending on which is set to increase at an average annual rate of 3,3%, from R270.9 million in 2022/23 to R298.9 million in 2025/26. The entity expects to derive 99,1% (R1.5 billion) of its revenue over the medium term through transfers from the department. These are set to increase at an average annual rate of 3%.

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