Report of the Committee on Private Members’ Legislative Proposals and Special Petitions on the Legislative Proposal to amend the Human Rights Commission Act, No 54 of 1994 (Hon V Mentor), dated 26 March 2010:

The Committee on Private Members’ Legislative Proposals and Special Petitions, having considered the Legislative Proposal to amend the Human Rights Commission Act, No 54 of 1994, and having consulted with the Portfolio Committee on Justice and Constitutional Development, the Ministry of Justice and Constitutional Development and the Human Rights Commission and listened to the presentation and briefing by Hon Mentor, recommends that permission not be granted to the member to proceed with the proposed legislation.

The Committee wishes to make the following observations with regards to its recommendation:

1. The Committee is of the view that the proposed amendments to the Human Rights Commission Act are likely to be unconstitutional as the legislative proposal would bestow extra-territorial powers on the Human Rights Commission.

2. The Committee is not only of the view that such legislation would not bind other states as they are sovereign, but that the legislation would also be unconstitutional as section 43 of the Constitution limits Parliament’s legislative authority to pass legislation within the Republic of South Africa.

3. In light of the above, the Committee is of the view that the proposal is not feasible.

Report to be considered.