SOUTH AFRICAN HUMAN RIGHTS COMMISSION Presentation to the Portfolio Committee on Justice and Correctional Services 2014/15 Annual Report 16 October 2015

OUTLINE OF PRESENTATION Chairperson’s introduction Part A: Overview of 2014/15 performance Part B: Overview of 2014/15 financial statements Part C: Audit findings and action plan Part D: Overview of 2015/16 performance Part E: Forward funding needs

PART A: OVERVIEW OF 2014/15 PERFORMANCE

INTRODUCTION AND INSTITUTIONAL OVERVIEW Institution established to support democracy in terms of Chapter 9; Domestic focus – strengthen human rights protections and promotion; Accredited “A” Status National Human Rights Institution; Regional and International Focus – to strengthen NHRI networks and contribute to human right agendas and debates; Currently has 7 Commissioners; Oversees the protection and promotion of Chapter 2 of Constitution; Thematic Focus Areas for each Commissioner; Provincial Focus for each Commissioner; Institutional performance reported by Strategic Objective; Share Programmatic Performance and Emphasis; Institutional Strengthening and Optimisation. research

OVERVIEW OF 2014/15 PERFORMANCE: Key performance highlights Overall achievement of 92% on performance targets – improved from 87% in 2013/14; Maintained an unqualified audit opinion; 90% finalisation of cases, against annual target of 85%; In addition to monitoring South Africa’s compliance with international and regional human rights obligations, participated in shaping the post 2015 development agenda to incorporate human rights elements. research

OVERVIEW OF 2014/15 PERFORMANCE: Key performance highlights In excess of 200 engagements with stakeholders and experts to enhance human rights based positions and entrench a human rights culture within South African society; Produced a range of annual research outputs reflecting on the state of human rights in the country (including economic and social rights, equality and access to information reports); A focus on the theme of business and human rights to enhance the role of business in promoting and protecting human rights – launched the Human Rights and Business Country Guide for South Africa. research

OVERVIEW OF 2014/15 PERFORMANCE: Achievement of targets by strategic objective Strategic Objective Total number of targets Targets achieved % Achievement 1: Promote compliance with international and regional obligations 9 8 89% 2: Position the Commission as the focal point for human rights in South Africa 7 100% 3: Enhance and deepen the understanding of human rights and promote a human rights culture 4 4: Advance the realisation of human rights 14 5: Use and project a broader constitutional and legislative mandate 6: Improve the effectiveness and efficiency of the Commission to support delivery on the mandate 10 70% Total 51 47 92%

OVERVIEW OF 2014/15 PERFORMANCE: Key achievements by strategic objective Promote compliance with international and regional obligations Participation in 25 international and regional activities including those of the ICC; NANHRI; and ACHPR; Conducted strategic engagements with UN mandate holders and regional forums with a view to enhance understanding of international and regional obligations and thereby promote country compliance; Participated in the post 2015 development agenda to ensure that human rights aspects are incorporated;

OVERVIEW OF 2014/15 PERFORMANCE: Key achievements by strategic objective Promote compliance with international and regional obligations Made submissions on international and regional human rights instruments; Completed the SAHRC Annual International Human Rights Report, which documents the Commission’s assessment relating to implementation of international human rights obligations.

OVERVIEW OF 2014/15 PERFORMANCE: Key achievements by strategic objective Position the Commission as the focal point for human rights in South Africa Participated in more than 200 stakeholder engagements (Policing, Provincial Disability Fora, Water and Sanitation - COGDTA; Children’s Rights; Equality; Mining Dialogues etc.) Engaged with various portfolio committees (e.g. DSD) and provincial legislatures (e.g. EC, NC) to advocate for support of human rights based approaches and oversight;

OVERVIEW OF 2014/15 PERFORMANCE: Key achievements by strategic objective Position the Commission as the focal point for human rights in South Africa Hosted 15 Section 11 Committee meetings, consisting of experts across a range of fields, aligned with all the Commissioners’ strategic focus areas; Improved communications and media relations yielded indications of enhanced publicity and positive image through increased social, print and visual media audience, including international level, as well as requests for opinion pieces on various human rights issues.

OVERVIEW OF 2014/15 PERFORMANCE: Key achievements by strategic objective Strategic objective 3: Enhance and deepen the understanding of human rights and promote a human rights culture Launch of Human Rights and Business Country Guide for South Africa to enhance the role of business in the promotion and protection of human rights; Disability Toolkit for Business; Roundtable on Business and Children’s Rights; Informed communities about general and specific human rights issues and mechanisms through advocacy events and public outreach engagements across provinces, including in peri-urban and rural areas.

OVERVIEW OF 2014/15 PERFORMANCE: Key achievements by strategic objective Strategic objective 3: Enhance and deepen the understanding of human rights and promote a human rights culture Some of the key issues emanating from public engagements included: The rights of people with disabilities; Poor delivery of basic services and lack of transparency; Inequality and discrimination (women in traditional settings; functionality of equality courts); Poor quality of education and schooling; Environmental rights; Collaborative partnerships are vital in addressing human rights concerns and promoting an inclusive culture of human rights.

OVERVIEW OF 2014/15 PERFORMANCE: Key achievements by strategic objective Strategic objective 4: Advance the realisation of human rights Completed the Economic and Social Rights Report (ESR) 2013/14, to identify issues and propose reforms to accelerate the realisation of socio-economic rights; Developed matrix of indicators to improve monitoring and reporting of economic and social rights – focus in 2014/15 was on indicators for environmental rights as well as water and sanitation.

OVERVIEW OF 2014/15 PERFORMANCE: Key achievements by strategic objective Strategic objective 4: Advance the realisation of human rights Commenced development of a mechanism (to be piloted in 2015/16) to monitor implementation of SARHC report recommendations with a view to enhance impact and government accountability for commitments made in relation to human rights; National Investigative Hearings: (i) The National Hearing into the Rights of Older Persons; (ii)The National Hearing into Transformation in Universities in South Africa; (iii) The National Hearing on Service Delivery Challenges and Housing; (iv) The National Hearing into Unregulated Small-Scale Artisanal Mining; (v) The Provincial Hearing into Emergency Services in the Eastern Cape; (vi) The National Hearing into Safety and Security Challenges in Farming Communities.

OVERVIEW OF 2014/15 PERFORMANCE: Key achievements by strategic objective Strategic objective 4: Advance the realisation of human rights Participated in High court litigation – detention of immigrants at Lindela Repatriation Center; delivery of textbooks; amicus in money-lending case relating to emolument attachment orders; 90% finalisation of cases; Completion of first Annual Complaints Trends Analysis Report 2014/5, Publication of 7 volumes of investigative reports (Approx. 60 cases, across 9 provinces – with substantive findings and recommendations)

Caseload (enquiries & complaints) OVERVIEW OF 2014/15 PERFORMANCE: National overview of complaints statistics   Caseload (enquiries & complaints) Finalised (% of total) Carried Over / Active 2011/12 11363 Y-on-Y change 9851 87% 1512 13% 2012/13 8919 (7672 new in 2012/13) -27% 7047 79% 1872 21% 2013/14 9217 (7345 new in 2013/14) 3% 8550 93% 667 7% 2014/15 8179 (7512 new in 2014/15) -13% 7337 90% 842 10%

OVERVIEW OF 2014/15 PERFORMANCE: 2014/15 Top 5 Rights Violations

Equality – 2014/15

OVERVIEW OF 2014/15 PERFORMANCE: Complaints per province

OVERVIEW OF 2014/15 PERFORMANCE: Key achievements by strategic objective Use and project a broader constitutional and legislative mandate Completed the Equality Report as required by the Equality Act - focusing on racial equality in universities; implementation of the Convention on the Rights of People with Disabilities; the rights of older persons; as well as the functionality and impact of equality courts; Submitted Promotion of Access to Information Act Annual Report to Parliament, reflecting on the state of compliance with the Act, and on remedial action to be taken by the Department of Justice and Correctional Services;

OVERVIEW OF 2014/15 PERFORMANCE: Key achievements by strategic objective Use and project a broader constitutional and legislative mandate Conducted training for both private and public sector compliance officers to improve levels of voluntary disclosure and responsiveness to public requests for information; Conducted 10 PAIA Community Law Clinics to raise awareness, record and attend to community complaints.

OVERVIEW OF 2014/15 PERFORMANCE: Key achievements by strategic objective Optimise the effectiveness and efficiency of the Commission to support delivery on the mandate Maintained an unqualified audit opinion; Complied with all financial and non-financial performance reporting requirements; Achieved annual target of compliance with all relevant, legislative, regulatory and policy requirements; Full implementation of Audit Action Plan to improve effectiveness of internal controls; Implemented staff capacity development plan to alleviate capacity constraints and enhance requisite skills.

OVERVIEW OF 2014/15 PERFORMANCE: Areas of non-achievement Strategic Objective Performance Indicator Annual Target Actual Achievement Reasons for Variance 1 Number of study tours 4 3 Last engagement cancelled by visiting institution. For 2015/16 these will be incorporated as learning exchanges within the capacity development plan 6 % implementation of PMER policy 100% 95% Some units delayed midterm performance reviews. Inconsistent submission of monthly performance Reports. Corporate services and strategic support functions to strengthen monitoring of reviews and reporting. Strategic Risks Treatment Plan 80% Capacity constraints. To strengthen monitoring thereof. Resolution of audit findings 82% 12% in progress; 6% open. Internal Audit function to strengthen monitoring thereof.

PART B: OVERVIEW OF 2014/15 FINANCIAL STATEMENTS

OVERVIEW OF 2014/15 FINANCIAL STATEMENTS: Financial performance review This financial performance review set out highlights of the entity’s financial performance for the past year. The Executive Authority has approved these annual financial statements on 31 July 2015, in terms of Section 40(1)(c) of the Public Finance Management Act, 1999 (Act No. 1 of 1999) as amended. No restatement of the financial performance for 2014/15. On average the MTEF baseline allocation comprised an increase of 9.1% for the past five years and the period under review. The actual expenditure for 2014/15 was R 132.6 million

MTEF BUDGET ALLOCATION OVER THE YEARS SA Human Rights Commission's revenue significantly comes from the Government Grant, with five (5) year average increase of 9.1%. Budget presentation 2015/6

AUDITED EXPENDITURE OUTCOMES Standard Items Audited Expenditure Outcomes R'000 2008/9 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 Personnel cost 38 966 46 851 50 308 56 156 63 654 65 676 76 924 Administrative expenses 7 464 9 235 5 937 4 573 6 927 7 738 8 370 Inventories 309 693 557 540 207 189 235 Equipment 1 525 632 604 1 002 606 2 188 4 062 Land and buildings 7 432 7 820 10 513 12 185 12 334 14 169 15 086 Professional services 7 287 7 524 7 039 18 423 17 008 21 753 27 901 TOTAL EXPENDITURE 62 983 72 755 74 958 92 879 100 736 111 713 132 578 Baseline allocation 60 603 73 474 89 066 115 999 128 136   Additional funding 585 1 257 894 707 794 3 300 2 000 Donor funding 495 996 608 272 - 320

BUDGET ALLOCATION PER PROGRAMME (R’000)

PERSONNEL ALLOCATION PER PROGRAMME

OVERVIEW OF THE 2015/16 BUDGET: MTEF OUTCOMES Our 2015/16 budget allocation was initially R137,3 mil during 2013/14 During the mid-term budget review in November 2014, National Treasury allocated an additional R7million to our baseline allocation The R7million is made up of: R2million to fund appointment of the 8th Commissioner (with the PA & RA) R5million to fund some critical posts that were frozen Our revised baseline allocation for 2015/16 is R144,3million

CURRENT YEAR BUDGET SPEND PER SIGNIFICANT ACCOUNT OVERVIEW Description Budget Actual Variance % Spent Personnel 94 578 41 822 52 757 44.22% Administrative 5 583 1 946 3 637 34.85% Inventories 1 215 271 944 22.32% Equipment 2 023 1 280 743 63.25% Land and Building rentals 18 500 5 995 12 505 32.40% Professional services 25 550 6 970 18 580 27.28%

CURRENT YEAR BUDGET SPEND PER SIGNIFICANT ACCOUNT OVERVIEW PROGRAMME BUDGET ACTUAL VARIANCE % SPEND COMMISSIONERS 19 057.89 7 538.96 11 518.93 39.56% CHIEF EXECUTIVE OFFICER 12 552.74 4 413.75 8 138.99 35.16% STRATEGIC SUPPORT & GOVERNANCE 6 082.22 1 470.22 4 612.00 24.17% INTERNAL AUDIT/PERFORMANCE AUDIT 3 512.00 1 677.34 1 834.66 47.76% OFFICE OF THE CFO 56 708.53 23 304.35 33 404.18 41.09% OFFICE OF THE COO 59 129.25 24 475.39 34 653.86 41.39%

BUDGET OVERVIEW: Budget Analysis 64% or R93,1mil of the budget is allocated to cover personnel costs 28% or R39,4mil of the budget is allocated to cover Corporate Support Committed Costs which includes the following: Auditor-General Fees amounting to R2,5mil and the remainder is to cover other audit & finance systems related costs 48% or R19mil of the money is allocated to Office rentals & Municipal Charges. The remainder of the budget covers motor vehicles, telephone, video-conferencing, inventories & other admin costs. IT related costs including Business Connection Email/Internet Contract, Business Continuity Contract, IT Licence Renewals & Other IT related Infrastructure HR costs include recruitment costs, staff training, performance management system & other HR costs including ICAS costs. 92% or R132,9mil of the budget is allocated to personnel & CSD related committed costs and only 8% or R11,4mil of the budget is allocated to core operational units.

PART C: AUDIT FINDINGS AND ACTION PLAN

AUDIT FINDINGS AND ACTION PLAN: Auditor General’s Report The AG issued an unqualified audit opinion, on the following basis: The annual financial statements present fairly, in all material respects, the financial position of the SAHRC as at 31 March 2015 and its financial performance and cash flows for the year then ended; The AG did not raise any material findings on the usefulness and reliability of the reported performance information for the selected programmes; The SAHRC has established an audit review team and developed an action plan to sustain the unqualified audit outcome.

AUDIT FINDINGS AND ACTION PLAN: Audit action plan With respect to financial information, contractual obligations relating to creditors not always settled within 30 days: Action plan includes improvements of: records management; goods received processes; and a tracking register. On the usefulness and reliability of performance information: Defining SMART strategic objectives and criteria; development of standard operating procedures aligned with the APP; and management KPI aligned to the strategic objectives.

AUDIT FINDINGS AND ACTION PLAN: Audit action plan With regard to IT governance: MTEF submission for a Chief Information Officer; establishment of IT Committee; development of an It strategy; and implementation of business continuity plans. Deficiencies in internal controls and oversight: establishment of a Finance, Risk and Audit Committee; business process reviews; and management accountability mechanisms.

PART D: OVERVIEW OF 2015/16 PERFORMANCE

OVERVIEW OF 2015/16 PERFORMANCE: Progress as at 31 August 2015 1. Overall performance As at midterm, 88% of the annual plan is work in progress, while 8% has already been fully achieved; The remaining 4% of targets are due in quarters 3 and 4 of the year. 2. Promote compliance with international and regional obligations Participation in international and regional activities including monitoring of CRPD implementation; strengthening of NHRIs; participation in post 2015 development agenda; NANHRI strategic planning and ACHPR session; Submissions made to treaty bodies on international human rights instruments. 3. Enhance understanding and entrench human rights culture 102 stakeholder engagements; Public outreach engagements conducted across 6 provinces to provide integrated services to previously marginalised communities (NW; WC; MP; LP; FS; GP).

OVERVIEW OF 2015/16 PERFORMANCE: Progress as at 31 August 2015 4. Advance the realisation of human rights 71% of the 4236 cases received to date have been finalised; Completed Annual Complaints Trends Analysis Report 2014/15; Developed framework for monitoring of High Court judgement on Lindela Repatriation Center; Prepared submissions to relevant Portfolio Committees on draft legislation (Children’s Amendment Bill; Promotion and Protection of Investment Bill; Disability Rights Policy).

OVERVIEW OF 2015/16 PERFORMANCE: Progress as at 31 August 2015 5. Use and project broader constitutional and legislative mandate Completed 2014 Equality Report and drafting of 2015 report in progress; Completed Annual PAIA Report 2014-15 and drafting of 2015-16 Report in progress; Continuous PAIA awareness raising and training sessions conducted.

OVERVIEW OF 2015/16 PERFORMANCE: Progress as at 31 August 2015 6. Improve the effectiveness and efficiency of the Commission to support delivery on the mandate Ongoing activities towards feasibility and scoping assessment as well as strategy development for enhancement of IT systems; Approximately 30% implementation of organisational capacity development plan – including management development; training on judicial enforcement of socio-economic rights; bursary support for further studies; writing skills; Gender mainstreaming plan implementation in progress; Compliance with all relevant legislative, regulatory and policy requirements.

OVERVIEW OF 2015/16 PERFORMANCE: Progress as at 31 August 2015 6. Improve the effectiveness and efficiency of the Commission to support delivery on the mandate Conducted benchmarking exercise to enhance institutional knowledge management; Implementation of PAIA Handover Plan in progress; Review of governance systems and practices; Organisational renewal processes; Knowledge management plan being implemented.

OVERVIEW OF 2015/16 PERFORMANCE: Progress as at 31 August 2015 6. Improve the effectiveness and efficiency of the Commission to support delivery on the mandate Conducted benchmarking exercise to enhance institutional knowledge management; Customer Satisfaction Service to inform front-line service delivery; Strengthening Media and Communications Unit capacity and outputs – website enhancement; institutional branding; media training and equipment.

PART E: FORWARD FUNDING NEEDS

FORWARD FUNDING NEEDS: The Commission’s budget allocation for the 2016/17 financial year is R153 million. In order for the Commission to effectively execute its mandate, there is need for additional funding to deal with the following matters: Xenophobia risks; More outreach and advocacy in the rural areas; Strategic impact litigation and setting up a legal Intake Centre; Impact Monitoring & Evaluation. During the 2013/14 annual report presentation the Portfolio Committee was supportive of our additional funding requests however National Treasury did not provide the additional funding recommended by the Committee.

FORWARD FUNDING NEEDS : Description 2016/17 2017/18 2018/19 Legal Intake Centre R4,500,000 R1,500,000 R1,700,000 Investigations on Xenophobia R550,000 R500,000 R450,000 Advocacy Field Capacity to increase rural community outreach R4,050,000 R4,333,500 R4,636,845 Technical Capacity for Monitoring and Evaluation of Impact of Programmes R990,000 - Capacity for Monitoring State Compliance with the Lindela Repatriation Judgement R750,000 R350,000

FORWARD FUNDING NEEDS : Description 2016/17 2017/18 2018/19 Transitional arrangements for the handover of PAIA Act compliance funds to the Information Regulator R550,000 R450,000 - Staff Capacity (CIO, M&E Specialist) R2,500,000 R2,675,000 R2,862,250 IT Infrastructure R1,800,000 R1,500,000 Strategic Impact Litigation R4,500,000 R2.500,000 R2,000,000 Total Additional Funding Required In Addition to the Baseline Allocation R20,890,000 R14,258,500 R13,499,095

THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION www.sahrc.org.za @sahrcommission