1. SOUTH AFRICAN HUMAN RIGHTS COMMISSION Presentation to the Portfolio Committee on Justice and Correctional Services 2013/14 Annual Report 22 October 2014

2. OUTLINE OF PRESENTATION 1.Chairperson’s introduction 2.Part A: Overview of 2013/14 performance 3.Part B: Analysis of legal complaints 4.Part C: Overview of 2013/14 financial statements 5.Part D: Audit findings and action plan 6.Part E: Overview of 2014/15 performance 7.Part F: Forward funding needs 2

3. PART A: OVERVIEW OF 2013/14 PERFORMANCE 3

4. OVERVIEW OF 2013/14 PERFORMANCE: Key performance highlights a)87% achievement of targets – improved from 84% in the last financial year b)Unqualified audit opinion c)93% finalisation of cases, against annual target of 85% - improved from 79% in the last financial year d)Assumption of role of International Coordinating Committee of National Human Rights Institutions (ICC) Chairperson, and participation in various regional activities e)More than 90 engagements with stakeholders and experts to position the Commission as a focal point for human rights f)Produced a range of outputs reflecting on the state of human rights in the country (including economic and social rights, equality and access to information reports) 4

5. OVERVIEW OF 2013/14 PERFORMANCE: Key performance highlights 5

6. 6 OVERVIEW OF 2013/14 PERFORMANCE: Achievement of targets by strategic objective Strategic Objective Total number of targets Targets achieved % Achievement 1: Promote compliance with international obligations55100% 2: Position the Commission as the focal point for human rights 10990% 3: Strengthen advocacy and human rights awareness raising 55100% 4: Advance the realisation of human rights77100% 5: Advance the right to equality and access to information 8788% 6: Improve the effectiveness and efficiency of the Commission 171271% Total524587%

7. OVERVIEW OF 2013/14 PERFORMANCE: Key achievements by strategic objective Strategic objective 1: Promote compliance with international obligations The Commissioners participated in 20 international and regional activities, including those of the International Coordinating Committee of National Human Rights Institutions 40 resolutions from international and regional activities, ranging across varied human rights areas including the Commission’s annual thematic area on the Right to Food, were considered and addressed during the period under review Completed the SAHRC Annual International Human Rights Report, which documents the Commission’s assessment relating to implementation of international human rights obligations 7

8. OVERVIEW OF 2013/14 PERFORMANCE: Accreditation of National Human Rights Institutions 8

9. OVERVIEW OF 2013/14 PERFORMANCE: Key achievements by strategic objective Strategic objective 2: Position the Commission as the focal point for human rights in South Africa Launch of Water and Sanitation Report with Parliamentary Portfolio Committee in March 2014 The Commission finalised 8,550 cases out of a total of 9,217 that were received in 2013/14 (Translates to an achievement of 93%) The Commission participated in 98 stakeholder engagements to maintain its position as a focal point for human rights in South Africa Furthermore, the Commission has established and hosted 15 Section 5 Committee meetings, consisting of experts across a range of fields, aligned with the Commissioners’ focus areas 9

10. OVERVIEW OF 2013/14 PERFORMANCE: Launch of the Water and Sanitation Report 10

11. OVERVIEW OF 2013/14 PERFORMANCE: Key achievements by strategic objective Strategic objective 3: Strengthen advocacy and human rights awareness raising The Commission hosted a National Conference on the Right to Food on 20 March 2014, as its annual theme for 2013/14 In February 2014 the Commission hosted a Roundtable on Business and Human Rights in preparation for the a response to the strategic thematic focus area for the 2014/15 financial year The Commission hosted 19 Provincial and 2 National Human Rights events to raise human rights awareness and extend the reach of advocacy programmes 11

12. OVERVIEW OF 2013/14 PERFORMANCE: Stakeholder engagement with the Commissioner of Police 12

13. OVERVIEW OF 2013/14 PERFORMANCE: Key achievements by strategic objective Strategic objective 4: Advance the realisation of human rights Completed the Economic and Social Rights Report (ESR) 2012/13, reflecting on the state of economic and social rights in the country and making recommendations for improvements Developed matrix of indicators to improve monitoring and reporting of economic and social rights Submissions made on various draft legislation to ensure human rights based approaches within the country’s legislation and policy prescripts; e.g. submission on the Women Empowerment and Gender Equality Bill 13

14. OVERVIEW OF 2013/14 PERFORMANCE: Hearing into Learning Materials 14

15. OVERVIEW OF 2013/14 PERFORMANCE: Key achievements by strategic objective Strategic objective 5: Advance the right to equality and the right to access to information Submitted Promotion of Access to Information Act Annual Report to Parliament, reflecting on the sate of compliance with the Act Conducted 28 training sessions for both private and public sector compliance officers to improve levels of voluntary disclosure and responsiveness to public requests for information Conducted 25 PAIA Community Law Clinics to raise awareness, record and attend to community complaints Completed the Equality Report, indicating the state of compliance with the Promotion of Equality and Prevention of Unfair Discrimination Act Hosted a Business Transparency Conference in June 2013 15

16. OVERVIEW OF 2013/14 PERFORMANCE: Business and Transparency Conference 16

17. OVERVIEW OF 2013/14 PERFORMANCE: Key achievements by strategic objective Strategic objective 6: Optimise the effectiveness and efficiency of the Commission Achieved 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 17

18. 18 OVERVIEW OF 2013/14 PERFORMANCE: Areas of non-achievement Strategic Objective Performance Indicator Annual TargetActual AchievementReasons for Variance 1Participate in 15 Parliamentary meetings 15 14 Additional anticipated meeting did not take place as these are dependant on Portfolio committee sittings 5Equality Review Committee meetings 30Inadequate support from ERC Secretariat within DoJ & CD 6% implementation of PMER policy 100%90%Some units delayed midterm performance reviews Inconsistent submission of monthly performance reports 6Percentage of all business units’ targets achieved 100%87% achievement; 13% not achieved Poor planning, capacity constraints and other factors beyond internal control

19. 19 OVERVIEW OF 2012/13 PERFORMANCE: Areas of non-achievement Strategic Objective Performance Indicator Annual TargetActual AchievementReasons for Variance 6Percentage implementation of Strategic Risks Annual Treatment Plan 100%60%Capacity constraints 6Percentage resolution of audit findings due by year-end 100%59%21% in progress; 20% open 6Percentage implementation of Commissioners’ Capacity Development Plan 1 100%33%Challenges of coordinating dates for legal training.

20. PART B: UPDATE ON LEGAL INVESTIGATIONS 20

21. Overall Number of Cases Handled by the Commission during the 2013/14 Financial Period Total complaints Enquiries finalised Appeals TOTAL WORKLOAD (excluding appeals) Percentage finalised 49804237 158 921793% 21

22. Litigation matters during 2013/14 22

23. Litigation matters during 2012/13 23

24. Trends Analysis Incidents of discrimination persist, particularly at schools and institutions of learning. Children who were born into democracy are being subjected to forms of religious and racial discrimination, in addition to the violations that continue to occur simply for being poor, contrary to the ideals of the society envisioned by our Constitution. These incidents are demonstrative of the fissures that continue to exist as a legacy of the country’s Apartheid past, and indicate that much work needs to be done in order to ensure that future generations are embedded with the values contained in the Constitution 24

25. PART C: OVERVIEW OF 2013/14 FINANCIAL STATEMENTS 25

26. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS: Financial performance review Highlights of financial performance for the past year On average the MTEF baseline allocation comprised an increase of 14% over the past five years and the period under review Actual expenditure for 2013/14 was R108.5 million against revenue of R119million The following graphs depict some of the financial performance highlights for the past 5 years 26

27. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS: Financial performance review 27

28. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS: Financial performance review 28

29. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS: Financial performance review 29

30. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS: Analysis of spending trends 30 Category2009/102010/112011/122012/132013/14Average change R’000 % Personnel costs46 85150 30856 15663 64265 690 8% Administrative9 2355 9374 5736 2537 219 -4% Inventories693557540498189 -15% Rental (Office buildings)7 82010 51312 18512 33414 011 16% Operating costs7 5247 03918 42316 68419 196 31%

31. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS: Analysis of statement of financial performance 2009/102010/112011/122012/132013/14% change Revenue 62 23475 14091 345102 399 120 08319% Expenditure 62 98376 72692 87099 175 111 53315% Deficit/Surplus (749)(1 586)(1 525)3 2248 550 31

32. OVERVIEW OF 2013/14 FINANCIAL STATEMENTS: Budget Allocation 2012/13 Actual 2013/14 Actual 2014/15 Actual 2015/16 Projected 2016/17 Projected R’ 000 Actual/estimated baseline allocation 100 736115 999125 136133 199 140 259 Actual / Projected additional Funds 7943 3003 0004 000 5 000 Total Actual / Projected allocation 101 530119 299128 136137 199 145 259 32

33. OVERVIEW OF 2014/15 BUDGET ALLOCATION CategoryMTEF Allocation% of Total Allocation Actual Expenditure 31 August 2014 % Spend to August 2014 R’000 % % Personnel costs80 73863%30 81538% Administrative5 6534%2 37642% Inventories1 1041%27825% Capital Equipment1 7751%34019% Rental (Office buildings)17 01613%6 59439% Operating costs21 84816%5 19624% Grand Total128 136100%45 60236% 33

34. PART D: AUDIT FINDINGS AND ACTION PLAN 34

35. AUDIT FINDINGS AND ACTION PLAN: Auditor General’s Report The AG issued an unqualified audit opinion, on the following basis: a)The annual financial statements present fairly, in all material respects, the financial position of the SAHRC as at 31 March 2014 and its financial performance and cash flows for the year then ended b)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 have developed an action plan to sustain the unqualified audit outcome 35

36. PART E: OVERVIEW OF 2014/15 PERFORMANCE 36

37. OVERVIEW OF 2014/15 PERFORMANCE: Progress as at 31 August 2014 1. Overall performance a)Currently 75% of the annual plan is work in progress, while 12% has already been fully achieved b)The remaining 13% of targets are due in the latter half of the year 2. Promote compliance with international and regional obligations a)ICC, NANHRI AND ACHPR to promote compliance with international and regional obligations b)As an internationally ‘A’ rated NHRI, hosted 2 study tours for capacity development of other NHRIs 3. Position Commission as focal point for human rights a)91 stakeholder engagements, inclusive of the annual theme on business and human rights, human rights clinics to provide integrated services to previously marginalised communities b)Public engagement through increased social media coverage and international publicity 37

38. OVERVIEW OF 2014/15 PERFORMANCE: UN Committee on the Rights of Persons with Disabilities 38

39. OVERVIEW OF 2014/15 PERFORMANCE: Progress as at 31 August 2014 4. Advance the realisation of human rights a)78% of the 3711 cases received to date have been finalised b)Completed annual complaints trends analysis report c)Two High Court rulings in favour of SAHRC : i.A ruling on the unconstitutional detention of foreign nationals at the Lindela Repatriation Center, against the Department of Home Affairs; ii.A ruling on the delivery of school learning materials and/or textbooks, against the Department of Basic Education. 39

40. OVERVIEW OF 2014/15 PERFORMANCE: Report on Poverty Traps and Social Exclusion 40

41. OVERVIEW OF 2014/15 PERFORMANCE: Progress as at 31 August 2014 Advance the realisation of human rights a)Hosted conference on ending corporal punishment in schools b)Convened 2 national hearings on: i.Transformation and allegations of racism in South Africa’s Universities 31 July 2014 and 01 August 2014 ii.The National Hearing into Issues and Challenges Relating to Unregulated Artisanal and Small-Scale Underground and above Ground Mining Activities in South Africa c)Completion of 2013/14 Economic and Social Rights Report 41

42. OVERVIEW OF 2014/15 PERFORMANCE: Rural consultations on natural resource management 42

43. OVERVIEW OF 2014/15 PERFORMANCE: Progress as at 31 August 2014 5. Use and project broader constitutional and legislative mandate a)Submitted PAIA Annual report to Parliament b)Continuous awareness raising and training sessions conducted 6. Improve the effectiveness and efficiency of the Commission to support delivery on the mandate a)Satisfactory progress on attainment of midyear targets b)Complied with all quarterly performance and annual reporting requirements to Parliament, Auditor-General and National Treasury c)92% compliance with all relevant legislative, regulatory and policy requirements d)Expenditure at 36%, with bulk of expenditure anticipated for the latter half of the financial year 43

44. PART F: FORWARD FUNDING NEEDS 44

45. FORWARD FUNDING NEEDS: Recommendations for the forward use of resources National Assembly 2012 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”: 45

46. FORWARD FUNDING NEEDS : 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 TotalR32.81R16. 4 46

47. FORWARD FUNDING NEEDS : 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) 47

48. THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION www.sahrc.org.za @sahrcommission 48