Report of the Portfolio Committee on Justice and Constitutional Development on Remuneration and Conditions of Service of Public Protector, dated 25 February 2004:

A. The Portfolio Committee on Justice and Constitutional Development, in terms of section 2(2) of the Public Protector Act, 1994 (Act No. 23 of 1994), recommends that the House amend the remuneration and other terms of conditions of employment of the Public Protector, determined on 13 September 1995 and amended on 18 October 1996 and 26 September 2002 respectively, as follows:

1. The substitution for paragraph 2A of the following paragraph:
2A. Entertainment allowance
An entertainment allowance of R 7 000 per annum which allowance shall be adjusted from time to time in accordance with the entertainment allowance payable to a Judge President.

2. The substitution for paragraph 5 of the following paragraph:
5. Motor vehicle scheme
A motor vehicle owned by the State may, on such conditions as the Minister for Justice and Constitutional Development may determine with the concurrence of the Minister of Transport in respect of Judges of the Supreme Court, be made available to the Public Protector for use, in accordance with the conditions so determined, in the course of his or her official functions as well as his or her private purposes.

3. The substitution for paragraph 7 of the following paragraph:
7. Settlement allowance
An allowance of R5 600 per month shall be paid to the Public Protector for purposes of settlement at the seat of the Public Protector’s office, which allowance shall be adjusted from time to time in accordance with the settlement allowance payable to a Judge of Appeal residing permanently at the seat of the court.

4. The substitution for paragraph 8.2 for the following paragraph:
8.2 If the Public Protector uses private transport in performing any official duties referred to in paragraph 8.1, he or she may be compensated at a tariff equal to the compensation paid to a Judge of Appeal for use of private transport in performing any official duties away from
headquarters .

5. The substitution for paragraph 8.3 for the following paragraph:
8.3 The Public Protector shall be entitled to be accompanied by his or her spouse on official journeys at state expense if he or she uses the same vehicle as the Public Protector, and may
claim in respect of such spouse a subsistence allowance equal to an allowance payable to the spouse of a Judge of Appeal, if the Public Protector attends occasions in his or her official capacity.

6. The substitution for paragraph 8.4 of the following paragraph:
8.4 The Public Protector, when on official duty away from the seat of the Public Protector’s office, is entitled to an all-inclusive subsistence allowance that he or she is actually absent from the seat , equal to the allowance payable to a Judge of Appeal who is absent from his or her headquarters.

The allowance for an uncompleted period of 24 hours shall be calculated proportionately according to the number of full hours of absence.

7. The substitution for paragraph 8.5 of the following paragraph:
8.5 For a period of absence on official duties of less than 24 hours in the circumstances referred to in paragraph 8.4, an all-inclusive subsistence allowance equal to the allowance payable to a Judge of Appeal who is absent from his or her headquarters for a period of less than 24 hours shall be paid.

8. The substitution for paragraph 8.10 of the following paragraph:
8.10 The Speaker may in exceptional cases approve the transportation of the effects of the Public Protector at State expense and their storage in a warehouse at his or her previous home and at the seat of the Public Protector’s office for a period not exceeding 12 months, and, thereafter, their transport to his or her new home: Provided that the office of the Public Protector shall call for at least three tenders for the performance of the services and the lowest tender shall be accepted by him or her: Provided further that the Speaker may approve the acceptance of a higher tender if, in his or her opinion, there are good reasons for rejecting the lowest tender.

B. Further recommendations
1. The Committee further recommends that the abovementioned amendments shall be deemed to have come into operation on 1 September 2003.

2. It should be noted that the Committee has made the abovementioned recommendations without the benefit of the views of the Minister for Justice and Constitutional Development and the Minister of Finance in this regard. If any additional or new adjustments to the conditions of the Public Protector are required it should be tabled in the next Parliament.

3. The Department of Justice and Constitutional Development must undertake a comparative review of the remuneration and conditions of employment of the National Director of the
Prosecuting Authority, Public Protector and Commissioners of the South African Human Rights Commission and Gender Commission, which must be tabled in Parliament within 3 months of the adoption of this resolution by the National Assembly.

Report to be considered.