Minister of Justice and Constitutional Development, Mr JT Radebe, introduced a proposed legislation seeking to regulate the remuneration of office bearer in Constitutional Institutions. This proposed legislation, which is referred to as the Determination of Remuneration of Members of Constitutional Institutions Bill, has been published on the government gazette for public comments. Members of the public have until 18 January 2013 to submit their inputs.
This proposed legislation is founded on the Constitution which 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 broadcasting authority.
At present the various statutes that regulate matters relating to state institutions supporting constitutional democracy provide for different procedures to be followed and different functionaries to play a role in the determination of the remuneration, allowances and other terms and conditions of employment of members of those Institutions. Therefore, the department believes that there is a need to create uniformity as far as these issues are concerned.
In order to eliminate the disparities, the bill proposes amendment of the relevant statutes and uniform procedure to be followed in determining the remuneration, allowances and other terms and conditions of employment and service benefits of members of the Chapter 9 Institutions.
The procedure will require that the president determines the remuneration and benefits of the office bearers in Constitutional Institutions after taking into consideration the recommendations of the Independent Commission for the Remuneration of Public Office-bearers (the Independent Commission). The President’s determination will have to be submitted to parliament for approval before a public notice is issued.
This is meant to ensure that that these crucial Institutions are indeed independent and can fulfil their important constitutional mandates impartially and effectively. Because section 181(5) of the Constitution states that the Chapter 9 Institutions are accountable to the National Assembly, it is appropriate that, in terms of the procedure set out in the Bill, Parliament has the final say in approving the President’s determination, thereby enhancing transparency and accountability.
In conducting its investigation or considering the remuneration, allowances and other term and conditions of employment and service benefits of members of the Chapter 9 Institutions, the Independent Commission will have to consult with the responsible Cabinet member and the Cabinet member responsible for finance.
The Bill relates to the Public Protector, the Deputy Public Protector, the members of the South African Human Rights Commission, the members of the Commission on Gender Equality, members of the Electoral Commission, members of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and the Auditor-General.
Anyone is welcome to make written submissions and forward them to Mr JJ Labuschagne before or on the set due date of 18 January 2013. Mr Labuschagne’s contact details are as follows:
Postal address: Private Bag X81, Pretoria, 0001
Physical address: Room 2322, SALU Building, 316 Thabo Sehume St, Pretoria
E-mail: Jolabuschagne@justice.gov.za
Fax no: 086 501 8053
For further information:
Mthunzi Mhaga
Cell: 083 641 8141
