OVERVIEW OF THE ASMAL REPORT CHAPTER 9 INSTITUTIONS OVERVIEW OF THE ASMAL REPORT HUMAN RIGHTS COMMISSION, COMMISSION FOR GENDER EQUALITY, AND THE PUBLIC PROTECTOR

CHAPTER 9 INSTITUTIONS BACKGROUND Established in Chapter 9, Constitution 1996 (see section 181; section 182-183 Public Protector; section 184 South African Human Rights Commission; and section 187 Commission for Gender Equality) Section 181(2)-(5) sets out the governing principles Subject only to the Constitution and the law and must be impartial, exercising their powers and performing their functions without fear, favour or prejudice. Other organs of State must assist and protect their independence, impartiality, dignity and effectiveness No organ of State or person may interfere with their functioning.

CHAPTER 9 INSTITUTIONS Mandate – Public Protector Created to ensure government’s accountability and to provide remedies for maladministration and abuse of authority. Empowered to investigate, report on, and suggest remedial action for a wide range of wrongdoings in the public administration.

CHAPTER 9 INSTITUTIONS Mandate – SA Human Rights Commission Very broad mandate – covers almost every aspect of civil, political, economic and political rights. It must promote respect for human rights; promote their protection, development and attainment; and monitor how well they are observed The 1996 Constitution also provides that the Commission annually monitor the implementation of the socio-economic rights contained in the Constitution. The Commission has specific obligations in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act, and the Promotion of Access to Information Act.

CHAPTER 9 INSTITUTIONS Mandate – Commission for Gender Equality Must promote gender equality and the protection, development and attainment of gender equality. Its functions are to monitor and evaluate the practices of both public and private bodies; educate and inform the public on gender equality, review legislation and policies likely to affect gender equality and the status of women; conduct own-accord investigations; monitor compliance with international agreements; and closely liaise with institutions that have similar objectives. Has powers and obligations in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA).

CHAPTER 9 INSTITUTIONS The ad hoc Committee to Review State Institutions Supporting Constitutional Democracy inquired into the effectiveness, efficiency, and appropriateness of the Chapter 9 (and other related) institutions, and to make recommendations for their improvement and development. Submitted report 31 July 2007. Only recommendation accepted so far is to establish a dedicated unit in the Speaker’s Office to co-ordinate all interactions with these institutions. The report identified common issues. Also chapters dealing with each of the institutions

CHAPTER 9 INSTITUTIONS Common issues Constitutional and legal mandate Financial matters and budget allocation Appointments Relationship with Parliament Institutional governance arrangements Accessibility

CHAPTER 9 INSTITUTIONS SA Human Rights Commission Enabling legislation and regulations not in line with the Constitution Disabled persons and information commissioner Children Expiry of term of Commissioners

CHAPTER 9 INSTITUTIONS Commission for Gender Equality Delays in appointments No. of commissioners Enabling legislation not in line with the Constitution Improving institutional governance to prevent internal tensions Single national human rights body

CHAPTER 9 INSTITUTIONS Commission for Gender Equality Observations Status at regional and international meetings Relationship with national gender machinery Relationship with the Executive Relationship with civil society Relationship with Parliament Own initiative investigations Public awareness Formal collaborative structure

CHAPTER 9 INSTITUTIONS Increased public awareness Public Protector Increased public awareness Participation in formal collaborative structure MOU’s Staff retention at senior level Relationship with Parliament Relationship with the Executive Institutional governance issues Electronic database

CHAPTER 9 INSTITUTIONS Single national human rights body Opposed to the proliferation of human rights bodies Recommended that a single human rights body, called the South African Commission on Human Rights and Equality be established Would incorporate SAHRC, CGE, CRL Commission and PANSALB (already incorporated in CRL Commission), and NYC (which would have been reconstituted to also look at children’s rights)

CHAPTER 9 INSTITUTIONS Expiry of term of office – SAHRC, PP CGE Concluding remarks Expiry of term of office – SAHRC, PP CGE Enabling legislation