ATC200625: Report of the Portfolio Committee on Justice and Correctional Services on the organisational structure for the Public Protector South Africa, submitted in terms of section 3(11) of the Public Protector Act 23 of 1994, dated 24 June 2020

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on the organisational structure for the Public Protector South Africa, submitted in terms of section 3(11) of the Public Protector Act 23 of 1994, dated 24 June 2020
 

The Portfolio Committee on Justice and Correctional Services, having considered the organisational structure for the Public Protector South Africa, submitted in terms of section 3(11) of the Public Protector Act 23 of 1994, reports as follows:

 

1. In aletter to the Speaker, the Public Protector submitted the organisational structure for the Public Protector South Africa in terms of the section 3(11) of the Public Protector Act 23 of 1994. The matter was referred to the Committee for consideration and report on 2 June 2020. The Committee was briefed on the matter on 19 June 2020.

 

1. In terms of section 3 of the Public Protector Act, 1994, the Public Protector is empowered to appoint staff and to determine their remuneration, allowances and other conditions of service with the proviso that the Public Protector must consult with the Minister of Finance when doing so. The Committee notes that the Minister of Finance, in a letter dated 23 June 2020, advised that he did not object to the organisational structure but that it would need to be implemented within the allocated baseline allocations and be in line with what can be practically implemented within the current economic climate and cost containment measures. The Minister advised further that attention should be given to funded posts that are directly linked to the core mandate of the institution. He advised that a multi-year implementation plan should be developed to ensure that critical posts are prioritised and filled within the MTEF allocation.

 

1. Section 3(11)(a) the Act provides that the Public Protector must table, in the National Assembly, a document setting out the remuneration, allowances and other conditions of employment determined by the Public Protector within 14 days after such determination.

 

1. The Committeewas briefed by the Public Protector on the contents of the organisational structure. The Committeewas concerned that the Public Protector did not table a document setting out setting out the remuneration, allowances and other conditions of employment determined by her within 14 days after such determination. In addition, the structure presented to it may not fully address any challenges that the Public Protector South Africa has in matching the skills available to it with those that are required for an institution of this nature but that a shortage of funds prevented the Public Protector South Africa from carrying out such a review at this stage.

 

1. In terms of section 3(11)(b) and (c) of the Act, if the National Assembly disapproves the determination, then it will cease to be of force but everything done up till that date will remain valid but ‘any right, privilege, obligation or liability acquired, accrued or incurred up to the said date under and by virtue of that determination shall lapse upon the said date’.

 

1. Having considered the organisational structure for the Public Protector South Africa, referred to it, the Committee confirms the structure but requests that the Public Protector tables a document setting out the remuneration, allowances and other conditions of employment as required in terms of section 3(11)(a) of the Public Protector Act 23 of 1996.

 

 

Report for information purposes