Hon Chairperson, hon Minister, Deputy Minister, hon Members of Parliament, Justice Mpati, representing the Supreme Court of Appeal, Justice Bess Nkabinde and Justice Zak Yacoob, representing the Constitutional Court, Judge President of the Gauteng South High Court, Justice Mlambo, and esteemed guests in the gallery, the Portfolio Committee on Justice and Constitutional Development continues to support Chapter 9 institutions that are within the Budget Vote of the Department of Justice and Constitutional Development and are vehicles for access to justice. In this regard, reference is being made to the Public Protector and the SA Human Rights Commission.
In his state of the nation address, President Zuma reiterated the importance of providing support to institutions protecting democracy. Section 181(2) of the Constitution is clear and unambiguous that these institutions need to be impartial, independent and subject only to the Constitution and the laws of the country, and that they must exercise their powers and functions without fear or favour. Indeed, if these institutions are to effectively function towards the protection, strengthening and promotion of human rights, it is necessary for their independence to be beyond reproach, especially from the state apparatus, considering the fact that in the previous regime it was the state itself that oppressed its own people.
Over the past 18 years, in our pursuit to realise a free and democratic South Africa, Parliament has developed a very progressive legislative framework, based on equality principles, to guide and promote access to justice. May I remind hon members that as a people we come from a very difficult past of oppression and discrimination. It is for this reason that Chapter 9 institutions were established to jealously guard the Constitution through monitoring, redress mechanisms and the facilitation of transformation.
In October 2006, Parliament established an ad hoc committee to investigate the Chapter 9 bodies with regard to employment procedures and institutional governance. This ad hoc committee investigated funding and spending on the institutions and their lack of mandate to operate outside of the country in terms of submissions made to the Constitutional Review Committee. The ad hoc committee recommended the establishment of a directorate, under the Office of the Speaker, to liaise with the institutions. A number of concerns registered by Chapter 9 institutions have since been addressed through the Office of the Speaker. The committee is concerned that the SAHRC appears to be experiencing challenges in its interactions with the Office of the Speaker. The Public Protector informed the committee that it is working well with the office.
The committee is concerned about poor co-operation from some of the government departments when called upon by the SAHRC to provide information for the compilation of its socioeconomic rights report.
The committee supports the initiative to re-establish a forum for constitutional institutions, chaired by the SAHRC. The Chapter 9 institutions are encouraged to continue to co-operate in areas where the mandates are overlapping to promote cost-saving operations. The same principle may be applied to all institutions supporting democracy within the JCPS cluster.
There is also a need to put the funding of Chapter 9 institutions on par. The SAHRC has been allocated Rl00,1 million, while the Public Protector has been allocated R174 million for the financial year 2012-13. The increase in the Public Protector's budget from Rl54 million in 2011-12 is partly to fund additional investigative personnel, improvement of conditions of service and municipal and accommodation costs. The bulk of the Public Protector's budget, namely 65%, goes to personnel costs.
The committee noted that the provincial allocations for the Public Protector has become more equitable, although it remains of the view that the allocation of the North West office of the Public Protector is still too large and will continue to be monitored. Both institutions have managed to get unqualified audited financial reports, and we applaud them for it.
The SAHRC has expressed concern over departments that do not provide the commission with information requested, especially in respect of its reports on the Promotion of Access to Information Act and socioeconomic rights. These departments are actually in contempt of the Constitution in doing so, which is why the portfolio committee has decided to take it upon itself to call these departments to account. The committee has noted that the commission has taken up its recommendation that it presents its Promotion of Access to Information Act report separately in future, to allow for effective engagement on the contents of the report. The Chapter 9 institutions, especially the SAHRC, should continue to promote respect for the rule of law by monitoring the protection of the Constitution, as well as compliance with and the domestication of subregional, regional and international human rights treaties and instruments. This effort should be complemented by the development of the necessary enforcement mechanisms.
We continue to wish to determine if all the efforts of the Chapter 9 institutions are helping South African society, in all its diversity, to transform. This was alluded to due to the latest racial slurs experienced in the electronic media. There appears to be a need for an audit that should clearly articulate how these institutions are impacting on the lives of South Africans in a manner that embraces the basic principles of a developmental state, to reverse the past imbalances, creating a better life for all. It is important to understand the extent to which the mandates of the Chapter 9 institutions influence processes that lead to the realisation of national priorities, such as poverty eradication and job creation, in terms of South Africa's Millennium Development Goals plan for 2014.
The Public Protector is mandated to support and strengthen constitutional democracy by investigating any conduct in state affairs or in public administration in any sphere of government that is alleged or suspected to be improper or as a result of any impropriety. The committee has suggested to the Public Protector to compile a report, indicating which departments or Ministries had not responded to its recommendations.
In conclusion, we wish to call upon the two institutions to use their allocated budgets to reach out to rural areas, where there is still a great need to educate people about access to justice. This can be realised through partnering with civil society and advice offices.
The real threats to the freedoms enshrined in the Constitution of South Africa are poverty and economic and social inequalities, which need to be eradicated. The ANC supports the Budget Vote. [Time expired.] [Applause.]