SOUTH AFRICAN HUMAN RIGHTS COMMISSION Presentation on Strategic Plan and Annual Performance Plan to the Portfolio Committee on Justice and Constitutional Development 04 July 2014

Contents Introduction PART A: Overview of strategic plan 2014 – 2017 and Annual Performance Plan 2014/15 PART B: Overview of 2014/15 Budget PART C: Update on legal investigations 2

Introduction: Legislative framework for planning National Treasury Regulations for strategic planning processes – Framework for strategic plans (3 year strategic plan aligned with Medium Term Expenditure Framework) – Annual Performance Plans – Periodic reviews Public Finance Management Act and Treasury Regulations for monitoring, evaluation and reporting processes – Establishment of systems and procedures for monitoring and evaluation – Monthly, quarterly, midyear and annual reporting requirements – Establishment of other internal control systems for good corporate governance 3

Introduction: Legislative mandate for implementation Constitution – protection, promotion and monitoring mandate Promotion of Access to Information Act (PAIA) Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) Promotion of Administrative Justice Act (PAJA) In respect of these, Commission has to: – Promote awareness – Monitor compliance – Report to Parliament – Develop recommendations Human Rights Commission Act – composition, powers and functions 4

Introduction: Vision, Mission and Values  Vision: Transforming society. Security rights. Restoring dignity.  Mission: The Commission as the independent national human rights institution is created to support constitutional democracy through promoting, protecting and monitoring the attainment of everyone’s human rights in South Africa without fear, favour or prejudice.  Values: Integrity, honesty, respect, objectivity, Batho Pele principles and equality. 5

Introduction: SAHRC Approved Organisational Structure EXECUTIVE AUTHORITY: The Commissioners Chief Executive Officer Chief Financial Officer (Administration) Corporate Services Financial Management Chief Operations Officer (Programme Support) Research Human Rights Advocacy Promotion of Access to Information Legal Services Commissioners’ Programme Strategic Support and Governance Chief Audit Executive Provincial Offices X9 6

Introduction: SAHRC Approved Organisational Structure…cont. 7 Provincial Office: Provincial Manager Receptionist & Admin Clerk Human Rights Advocacy & Research Officer Flow-centric data Capturer/ Intake Officer Senior Legal Services Officer Legal Services Officer Administration Secretary:

PART A: Overview of Strategic Plan and Annual Performance Plan 8

Overview: Strategic Plan Previous strategic planning cycle focused on strengthening protection mandate Consequent improvements in complaints resolution rates from 79% in 2012/13 to 93% in 2013/ Strategic plan marked by detailed reflection on the full mandate, with strategic decision to integrate protection, promotion and monitoring Increased focus on the promotion and monitoring mandates The plan also increasingly realises the need for outcome oriented planning, evaluation and reporting Revised key strategic outcomes 9

Overview: Key strategic outcomes Using and projecting a broader Constitutional and legislative mandate Engagement with processes of enacting legislation that promotes Constitutional human rights obligations Enhancing understanding of international and regional issues through engagement with stakeholders Enforcing protection of rights through alternative dispute resolutions and litigation Intensifying advocacy as well as public and community outreach 10

Overview: Key strategic outcomes Re-clustering strategic focus areas to enhance effectiveness Strengthening key stakeholder relationships Developing the institution as a learning organisation Strengthening capacity that supports delivery on the mandate 11

Overview: Key strategic outcomes 1. Use of the broad Constitutional and legislative mandate Create new understanding of the mandate – Legal and research to put together Articles etc to create intensified understanding of the mandate Shared mandate requiring shared responsibilities with other institutions – Collaboration with other institutions sharing the mandate – Follow up on referrals – Partnerships with civil society 12

Overview: Key strategic outcomes 2. Engage with process of enacting legislation that promotes Constitutional human rights obligations Ensuring that full mandate is incorporated into Acts Engage with legislative making bodies and relevant stakeholders Ensure that Legislatures enact legislation that promotes Constitutional obligations Submissions on draft legislation Propose new legislation 13

Overview: Key strategic outcomes 3. Enhance understanding of International and Regional issues Engagement with Special Rappoteurs and other stakeholders participating in international and regional forums to enhance understanding of international and regional issues Increased use of international and regional instruments to improve functionality and impact (S231 to 233) Ensure domestication of international and regional instruments 14

Overview: Key strategic outcomes 4. Enforce protection of rights through alternative dispute resolutions and litigation (S38: Acting on behalf of persons who cannot act in their own name – anyone acting in the public interest may do so) Systematise integrated use of outputs to maximise impact - use of recommendations and findings to maximise impact Use of litigation to enforce rights and challenge systemic problems 15

Overview: Key strategic outcomes 5. Intensify advocacy and public outreach Evidence based public outreach and advocacy events Baseline studies – advocacy interventions – evaluation of interventions Advocacy for law reform Develop advocacy strategy – to improve better conceptualisation of advocacy programmes Creative use of media to promote advocacy Integrated use of outputs to promote advocacy - develop promotional material based on report recommendations and findings 16

Overview: Key strategic outcomes 6. Re-clustering of Strategic Focus Areas to enhance effectiveness Establish principles for determination of SFA (based on rights, demographics, research findings, nature of complaints etc) Clustering of similar or interdependent rights Ensure broad mandate areas are covered e.g. access to justice Consider pairing of Commissioners with senior staff conversant with human rights issues and provincial demographics Determination of annual thematic areas based on identified principles 17

Overview: Key strategic outcomes 7. Strengthen key stakeholder relationships Develop advocacy package to articulate position of the Commission Briefings with Parliamentarians and political leadership Curriculum and policy review to strengthen human rights thinking within government and public bodies Improve relations with the media and employ creative use of media to promote advocacy 18

Overview: Key strategic outcomes 8. Develop the institution as a learning organisation Play research convening role and alignment of nationwide research outputs - become human rights research reference point in the country Develop innovative research outputs – documentaries etc Develop knowledge management system to capture and store all research outputs Sharpen protocols to government to include analysis of budget allocations Use of research to influence government policy and legislation – start tracking of legislation at policy level 19

Overview: Key strategic outcomes 9. Strengthen capacity that supports delivery on the mandate Capacity for legislative review Intensified research, legal and investigative skills Requests for increased resources given the broad mandate Adequate resources to carry out the mandate: training, hiring of competent staff etc 20

Overview: Commissioners’ strategic focus areas CommissionerStrategic Focus AreaProvinceUN Treaty Bodies Chairperson, Commissioner M L Mushwana Migration, Equality,Mpumalanga Convention on the Elimination of Racial Discrimination Deputy Chairperson, Commissioner P Govender Basic Services, Health Care Gauteng and Western Cape Convention on the Elimination of All Forms of Discrimination against Women Commissioner B MalatjiDisability, Older PersonsLimpopo Convention on the Rights of Persons with Disabilities Commissioner L MokateBasic Education, ChildrenKwa-Zulu NatalConvention on the Rights of the Child Commissioner M AmeermiaHousing Free State and North West Commissioner J Love (part- time) Environment, Natural Resources, Rural Development Eastern Cape International Covenant on Economic, Social and Cultural Rights Commissioner D Titus (part- time) Human Rights and Law Enforcement, Prevention of Torture Northern Cape Convention against Torture Other Cruel, Inhuman or Degrading Treatment or Punishment, International Covenant on Civil and Political Rights 21

Overview: Strategic objectives 1.Promote compliance with international and regional obligations 2.Position the Commission as the focal point for human rights in South Africa 3.Enhance and deepen the understanding of human rights and promote a human rights culture 4.Advance the realisation of human rights 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 22

Overview: Annual Performance Plan - strategic objective 1 1. Promote compliance with international and regional obligations a)Participate in 6 ICC Chairperson’s role activities b)Participate in 2 international SAHRC activities c)Participate in NANHRI activities d)Participate in ACHPR activities e)100% implementation of Annual SAHRC Action Plan based on outcomes of international and regional activities 23

Overview: Annual Performance Plan - strategic objective 1 1.Promote compliance with international and regional obligations a)4 study tours hosted for capacity development of other National Human Rights Institutions b)Annual International Human Rights Report c)100% draft submissions on relevant international human rights instruments / country reports d)Meeting with selected United Nations mandate holders 24

Overview: Annual Performance Plan - strategic objective 2 2. Position the Commission as the focal point for human rights in S. A a)108 stakeholder engagements b)Host 18 provincial human rights clinics c)Participate in 12 Parliamentary and Provincial Legislature meetings d)100% implementation of resolutions from the Forum for Institutions Supporting Democracy 25

Overview: Annual Performance Plan - strategic objective 2 2. Position the Commission as the focal point for human rights in S. A a)Establish and convene Section 5 Committees as a mechanism for positioning the Commission as a focal point for human rights b)100% implementation of Annual Media and Communications Plan c)Host Conference on 20 years of democracy 26

Overview: Annual Performance Plan - strategic objective 3 3. Enhance and deepen the understanding of human rights and promote a human rights culture a)Host 2 national human rights events b)Host 18 provincial human rights calendar day events c)Produce promotional material d)Complete advocacy report 27

Overview: Annual Performance Plan - strategic objective 4 4. Advance the realisation of human rights a.Complete an Annual Monitoring and Evaluation Report b.Complete a baseline survey of public perceptions c.Complete S184(3) Report d.Complete 2013 Special Focus Area Report e.Develop Draft Matrix for 2 ESR areas 28

Overview: Annual Performance Plan - strategic objective 4 4. Advance the realisation of human rights a.Ongoing data gathering for 20 years of SAHRC report and documentary b.100% submissions on relevant draft legislation c.Complete the Annual Complaints Trends Analysis Report d.Conduct feasibility study for establishment of a Complaints Intake Center e.Review Complaints Handling Manual and Procedures 29

Overview: Annual Performance Plan - strategic objective 4 4. Advance the realisation of human rights a.Develop proposals for instituting 2 strategic impact litigation cases b.100% completion of a project on corporal punishment c.85% finalisation of cases d.4 National hearings conducted 30

Overview: Annual Performance Plan - strategic objective 5 5. Use and project a broader Constitutional and legislative mandate a)Complete Annual Equality Report b)Submit PAIA Annual Report to Parliament c)Submit 1 Recommendations Report to DOJCD d)Complete Institutional Compliance Report 31

Overview: Annual Performance Plan - strategic objective 5 5. Use and project a broader Constitutional and legislative mandate a)100% implementation of Equality Review Committee meetings resolutions b)100% implementation of PAIA promotion and advocacy strategy c)Conduct 10 community sessions for PAIA Law Clinic 32

Overview: Annual Performance Plan - strategic objective 6 6. Improve the effectiveness and efficiency of the Commission to support delivery on the mandate a)100% implementation of PMER Policy b)Compliance with legislative planning and reporting requirements: a)Estimated National Expenditure Estimates submission b)Annual Report c)Strategic Plan and Annual Performance Plan c) Clean audit / unqualified audit opinion for 2014/15 33

Overview: Annual Performance Plan - strategic objective 6 6. Improve the effectiveness and efficiency of the Commission to support delivery on the mandate a)100% implementation of action plan resulting from audit findings b)100% implementation of strategic risks annual treatment plan c)85% compliance with all relevant legislative, regulatory and policy requirements d)100% implementation of Internal Audit Plan 34

Overview: Annual Performance Plan - strategic objective 6 6. Improve the effectiveness and efficiency of the Commission to support delivery on the mandate a)100% implementation of organisational Capacity Development Plan b)100% implementation of Records Management Plan c)100% development of Knowledge Management Plan 35

PART B: Overview of 2014/15 Budget 36

IDEAL BUDGET: 2013/14 37 Budget Item Amount 2013/14 Amount 2014/15 Amount 2015/16 Approved MTEF allocation R115, 999, 000 R148,807,080 R165,165,768 Additional amount requestedR32, 808, 080 R16, 358, 688 R0,00 Legal Services R19, R8,039, Human Rights Advocacy R1,600, R1,860,000 Research R1,945, R2,137,500 Promotion of access to information R6,692,080 R2,663,488 IT Infrastructure R3,430,000 R1, 658, 500 Anticipated savings as a result of efficiencies (R2,966,221) IDEAL BUDGET REQUESTEDR148,807,080 R165,165,768R162,199,547

PARLIAMENTARY RECOMMENDATIONS FOR THE FORWARD USE OF RESOURCES National Assembly Budget Review and Recommendations Report: “The Committee was appalled to learn that commissioners lack the budget to travel internally to undertake investigations, meet with stakeholders, etc. It requested that the Commission provide it with funding proposals, which was done. The following amounts are proposed: R2.21 million for 2013/14; R2.43 million for 2014/14 and R2.67 million for 2015/16” “The Committee recommends that the South African Human Rights Commission be provided with the following additional funds for the MTEF period”: 38

PARLIAMENTARY RECOMMENDATIONS FOR THE FORWARD USE OF RESOURCES Description2013/14 (million) 2014/15 (million) 2015/16 (million) Legal services human resources capacity for complaints handlingR12. 3R1.14 Internal capacity building of legal practitionersR1.5R1.75 Procurement of Experienced Legal Expertise for litigation of complaintsR1.5R2.18 Revamping Legal Case Management SystemR2.13R1.12 Setting-up a call centre for complaints processingR1.7R1.84 Developing Advocacy and Education capacity and materialsR1.6R1.9 Research reports, namely ESR, Equality and Focus AreasR1.95R2.14 Monitoring, compliance and advocacy of PAIAR6,7R2.7 IT InfrastructureR3.43R1.7 TotalR32.81R

PARLIAMENTARY RECOMMENDATIONS FOR THE FORWARD USE OF RESOURCES In addition, the following items were identified as requiring additional funding: – Commissioner’s travel – R2.21 million for 2013/14; R2.43 million for 2014/15 and R2.67 million for 2015/16. – Chairing the National Human Rights Institutions International Co-ordinating Committee – R2.33 million annually In total, Parliament recommended additional amounts are as follows: R37.5m (2013/14) R21.116m (2014/15) R21.4m (2015/16) 40

MTEF BASELINE: 2013/14 41 MTEF BASELINE (2014/15) Description Actual Allocation 2012/13 Actual Allocation 2013/14 Actual Allocation 2014/15 Estimated 2015/16 R '000 Indicative baseline Additional funding employees compensation Additional service capacity (LSP) TOTAL NEW BASELINE

BUDGET ALLOCATION: 2014/15 ITEM 2013/14 BUDGET 2014/15 BUDGET INCREASE/ (DECREASE) FROM PRIOR YEAR % INCREASE/ (DECREASE) % ALLOCATION Personnel 72,344, % 8% Commissioners 2,801, % 3% CEO 1,340, % 5% COO % Governance 404, % 5% Finance 2,458, % 5% Admin & SCM 23,069, % 26% 42

BUDGET ALLOCATION: 2014/15 ITEM 2013/14 BUDGET2014/15 BUDGET INCREASE/ (DECREASE) FROM PRIOR YEAR % INCREASE / (DECREASE) % ALLOCATION HR 2,249, %2% IT 5,665, %5% PAIA 799, %1% LSP 2,724, %1% Research 797, %1% HuRA 712, %1% IA 631, %1% TOTAL 115,999, % 43

PART C: Update on legal investigations 44

Overall Number of Cases Handled by the Commission during the 2013/14 Financial Period Total complaints (excluding transfers) Total complaints (including transfers) Enquiries finalised Appeals TOTAL WORKLOAD Target % TOTALS % 45

Overall Number of Cases Finalised during the 2013/14 Financial Period DescriptionNumberPercentage Monitoring Report Recommendations60% Monitoring Direct Referral451% Rejected68516% Indirect Referral184343% Direct Referral41910% Resolved47011% Closed84519% Total % 46

Top 5 Types of Cases for the SAHRC DescriptionNumber Percentage Arrested, Detained and Accused Person65513% Just Administrative Action63512% Equality55611% Labour Relations52510% Health Care, Food, Water and Social Security 3617% 47

Marikana Status Report Phase One: An investigation of the lawfulness of the conduct of the SAPS and its members in fatally shooting 34 people injuring protestors The SAHRC has produced expert evidence from: Gary White MBE, Director of Operations at the global consultancy, Ineqe, who advises on public order policing, with 30 years policing experience, and due to testify at the Commission in the week of 23 June Professor Christof Heyns, United Nations Special Rappoteur on extrajudicial, summary or arbitrary executions. Commissioner Titus, a Commissioner of the SAHRC overseeing the area of human rights and law enforcement. Forensic evidence on gunshots fired at Scene 1 on 16 August In addition to the above-mentioned evidence, cross-examined various witnesses and produced a number of evidential analyses on the objective evidence before the Commission. 48

Marikana Status Report Phase Two: intends to address the longer term, social and environmental causes of the conflict at Marikana. The SAHRC has: Attended and participated at three seminars held by the Marikana Commission of Inquiry, namely Bargaining Arrangements in Platinum; Mining and Migrancy; and Violence in Industrial Relations. Requested discovery from a number of parties, including Lonmin Plc and local government, to enable the SAHRC to undertake additional work in Phase Two. This may include the Social and Labour Plan (SLP) system and Lonmin’s compliance with its SLP commitments and the Business and Human Rights Framework and Lonmin’s compliance with prevailing standards. 49

Key Investigations Craig Thiem // Lenard Mac Kay / Principal of Wilgehof Primary School / Chairperson of the School / Governing Body, Wilgehof Primary School (FS/1314/0083) The First Respondent is alleged to have violated the right to equality, human dignity, education and the rights of the child of the learners by referring to them as ‘kaffirs’, ‘monkeys’, ‘baboons’ and ‘barbarians’. The First Respondent is further alleged to have displayed an old South African flag and pinned to the wall a caricature depicting Mr Julius Malema alongside baboons in the classroom. The Commission found that the First Respondent’s crude racist remarks perpetrated against black learners constituted a clear incident of hate speech as defined by PEPUDA. The First Respondent’s act of hate speech constitutes a clear violation of both the right to equality and human dignity of the learners. 50

Key Investigations Mike Waters MP / National Department Of Social Development (GP/2012/0309) The complaint related to the allegations that the Department of Social Development (DSD) was failing to properly implement the National Child Protection Register (CPR) and that by failing to enforce the CPR, section 28 of the Bill of Rights of the Constitution, which reads as follows: “every child has the right to be protected from … neglect, abuse or degradation,” was being violated. The Commission found that there is a clear duty on the statutory functionary of the State to maintain the CPR notwithstanding the responses tendered by the DSD explaining the current state of the CPR. 51

Major Litigation matters FW de Klerk Foundation obo Maxwele / Minister of Police (Gauteng Provincial Office – GP/2010/0182) The Complainant was assaulted and unlawfully detained by the members of the South African Police Services. The South Gauteng High Court dismissed the Respondents application to review the Commission’s finding in the matter. The Respondent tendered an apology to the complainant. 52

Major Litigation matters SAHRC / Jon Qwelane (Gauteng Provincial Office – GP/2008/0796) Jon Qwelane is alleged to have made derogatory statements about homosexuals in his opinion column in the Sunday Sun newspaper. The Respondent has filed papers setting out a constitutional challenge to sections 10 and 12 of PEPUDA. 53

Major Litigation matters SAHRC / PASSOP // Minister of Home Affairs & Others (Gauteng Provincial Office -GP/2012/0134) Matter relating to the detention of asylum seekers at the Lindela Repatriation Centre beyond the legislatively prescribed timeframes. Heads of Argument and Practice Note have been filed on 28 November The counsel acting on behalf of the Department has not indicated which two days he shall be available notwithstanding our counsel requesting same. Matter set down for 7 and 8 August

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