Human Rights Commission Bill to be tabled soon

A South African Human Rights Commission Bill is to be tabled soon in the National Assembly with a view to repealing and replacing Human Rights Commission Act 4/94. According to a summary of the Bill's objects, in the light of 'numerous amendments' proposed - among others - by the Commission since its inception, this seemed a more appropriate option than a comprehensive Amendment Bill. Included in the Bill are provisions of the repealed sections 115 to 118 of Constitution of the Republic of South Africa Act 200/1993 (the Interim Constitution), where applicable.

Amendments to the existing Act, as proposed in the Bill, are intended largely to streamline the application of the existing legislation and to enhance the functioning of the Commission. Consequently, all sections of the current Act, although amended, have been retained in the Bill in which the definition of 'human rights' is broadened beyond the scope of those enshrined in the Constitution to include 'relevant international and regional human rights instruments'. Despite a view that national legislation should not repeat what is stated in the Constitution, the Bill includes a new clause providing for the objects of the Commission as set out in section 184(1) of the Constitution.

Regarding the Commission's independence, impartiality and integrity, the Bill seeks to strengthen the existing statute by protecting the institution from the abuse of position or privilege by a member or staff member for private gain or 'to benefit another person improperly'. Compensation for expenses incurred during investigations may only be made after consultation with the Minister and in consultation with the Minister of Finance. Provision is also made to regulate further the terms and conditions of employment of the Commission's chief executive officer and all other staff members, including their performance agreements where applicable.

A new clause 6 provides for the mandatory designation by the President of two additional full-time members of the Commission as chair and deputy chair, while a new clause 7 regulates their functions and those of the other members. Responsibility for making these regulations is transferred from the President to the Minister. The Bill also proposes that members' allowances, other terms and conditions of office and service benefits 'may not be adversely altered during their continuation in office'. A vacancy in the Commission should be filled within six months.

In addition, the Bill seeks to align the powers and functions of the Commission with 'some of those' of the Commission of Gender Equality; make the development and management of education programmes to foster public understanding of its role and activities a requirement of the Commission; and to ensure that all organs of state consult the Commission on all matters affecting the promotion, protection and enforcement of human rights. The Bill also proposes that, if the Commission makes a recommendation in respect of a matter under investigation known to the organisation or institution concerned, that organisation/institution must respond within 30 days indicating what steps have been taken to give effect to the recommendation.

(2013-02-19/legalbrief)