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 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.

Cabinet has approved reductions on the commission’s budget amounting to R53.6 million over the next three years. This results in a nominal average annual increase in expenditure of 0.4%. To mitigate against any negative impact on performance arising from these reductions, the commission plans to freeze the filling of vacant posts.

In addition, the number of personnel is expected to decrease from 205 in 2023/24 to 198 in 2024/25 as a result of natural attrition. Spending on compensation of employees accounts for 74.7% (R497.9 million) of the commission’s total budget over the next three years, increasing at an average annual rate of 4.9%, from R152.3 million in 2023/24 to R176 million in 2026/27.

The commission expects to derive 97.1% (R636.9 million) of its revenue through transfers from the department, increasing at an average annual rate of 2.1%, from R208.3 million in 2023/24 to R221.6 million in 2026/27. These transfers include additional amounts of R1.5 million in 2024/25, R1.6 million in 2025/26 and R1.7 million in 2026/27 as part of a resolution to devolve the budget for private lease office accommodation from the DPWI to the entity.

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.

Additionally, as part of supporting accountability in state organs, the entity will engage strategically with various organs of state and explore mechanisms to integrate databases with them. Cabinet has approved reductions on transfers to the institution amounting to R117.3 million over the MTEF period. Despite these, expenditure is expected to increase at an average annual rate of 5.6%, from R366.1 million in 2023/24 to R430.9 million in 2026/27.

This increase is largely due to the public protector receiving additional allocations amounting to R49.3 million over the period ahead as part of a resolution to devolve the budget for private lease office accommodation from the Department of Public Works and Infrastructure (DPWI) to the entity. To mitigate the impact of reductions on performance, the entity will implement cost-containment measures and use cash reserves.

Compensation of employees accounts for an estimated 73.2% (R899.1 million) of the entity’s budget over the medium term, increasing at an average annual rate of 4.4%, from R276.1 million in 2023/24 to R314 million in 2026/27. The entity expects to generate 98.4% (R1.2 billion) of its revenue over the MTEF period through transfers from the department, increasing at an average annual rate of 6.2%, from R357.3 million in 2023/24 to R427.3 million in 2026/27.

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