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

2. CHAPTER 9 INSTITUTIONS BACKGROUND
Established in Chapter 9, Constitution 1996 (see section 181; section 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.

3. 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.

4. 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.

5. 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).

6. 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

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

8. 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

9. 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

10. 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

11. 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

12. 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)

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