APPOINTMENT OF COMMISSIONERS TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION - PowerPoint Presentation

1. APPOINTMENT OF COMMISSIONERS TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION Date:03 NOVEMBER 2020.

2. The Chairperson of the South African Human Rights Commission wrote to Parliament alerting it to an imminent vacancy that will occur when Adv. Ameermia’s term of office expires on 1 February 2021. In a further letter, dated 2O October 2020, the Committee was informed of the vacancy that has arisen as a result of the passing of the Deputy Chairperson, Commissioner Priscilla Jana.Both letters request that the vacancies be filled as soon as possible and that, in filling, the position, the National Assembly may wish to take into account the gender and age composition of the Commission. The second letter provides further details of the expectations of a commissioner and Deputy Chairperson in fulfilling their respective roles.21. CONTEXT

3. Both letters request that the vacancies be filled as soon as possible and that, in filling, the position, the National Assembly may wish to take into account the gender and age composition of the Commission. The second letter provides further details of the expectations of a commissioner and Deputy Chairperson in fulfilling their respective roles.31. CONTEXT cont.

4. 2. COMPOSITION The Commission consists of eight commissioners: No fewer than six commissioners must be appointed in a full-time capacity.No more than two commissioners must be appointed in a part-time capacity.In this instance, both appointments are to be full-time.4

5. 2. COMPOSITIONAt present, the Commission has the following commissioners, appointed for a renewable period of seven years:Prof Bongani Christopher Majola (Chairperson) [Law, academic, international crimes prosecutor]Adv. Bokankatla Joseph Malatji (Full-time) (in his second term) [Law; disability activist]Adv. Mohamed Shafie Ameermia (Full-time) [Law and business administration]Adv. Andre Hurtley Gaum (Full-time) [Law, MP, MEC, Deputy Minister, Ms Matlhodi Angelina (Angie) Makwetla (Full-time) [Social Work; management; empowerment; public relations and marketing]Adv. Jonas Ben Sibanyoni (Part-time) [Law, MP]Mr Andrew Christoffel Nissen (Part-time) [Theology, community organiser, MPL and MEC]5

6. 3. CONSTITUTIONAL CRITERIA Section 193(1) of the Constitution provides that commissioners must be:South African citizens.Fit and proper persons.Comply with any other requirements prescribed by national legislation.Section 193(2) of the Constitution provides that a Commission established by Chapter 9 must reflect broadly the race and gender composition of South Africa. The Commission has highlighted gender and age as factors that the Committee may wish to take into account (At present there is only one woman serving as a commissioner.)6

7. 4. Statutory criteriaSection 4(1) of the South African Human Rights Commission Act highlights the need for independence and impartiality. Accordingly, a Commissioner:Must serve impartially and independently and exercise their powers and functions in good faith and without fear or favour, bias or prejudice and subject only to the Constitution and the law. May not use the position for private gain or to benefit another person improperly. May not act in a manner that compromises the credibility, impartiality, independence or integrity of the Commission. 7

8. 4. Statutory criteriaSection 5(1)(a) of the Act provides that a person appointed as a Commissioner must:be a South African citizen (constitutional requirement).be a fit and proper person (constitutional requirement).Have a record of commitment to the promotion of respect for human rights and a culture of human rights.be a person with applicable knowledge or experience with regard to matters connected with the objects of the Commission.8

9. 5. DISQUALIFICATIONSIn section 5(1)(b) of the Act, a person may not be appointed if they are—Appointed by or are in the service of the state and receive remuneration for that service.An un-rehabilitated insolvent.Declared to be of an unsound mind by a South African court.Convicted of an offence and sentenced to more than 12 months imprisonment without the option of a fine either in or outside South Africa (if that conduct would have been an offence in South Africa).An office-bearer or staff member of a political party, member of the National Assembly, a permanent delegate of the National Council of Provinces, a member of a provincial legislature, a member of a municipal council or who is on a candidate list for any of those positions.9

10. 6. APPOINTMENT PROCESSSection 193(4) of the Constitution provides that the President, on the recommendation of the National Assembly, must appoint the members of the South African Human Rights Commission. Section 193(5) of the Constitution provides that National Assembly must recommend persons:nominated by a multi-party committee of the Assembly; andapproved by the Assembly by majority vote.10

11. 6. APPOINTMENT PROCESSThe commissioners are appointed for a period of not more than seven years and are eligible for reappointment. [section 5(2) and (4) of the Act]Notably Commissioner Ameermia is eligible for reappointment should he choose to make himself available.In the case of a vacancy in the office of a full-time commissioner, the President may, on the recommendation of the National Assembly, appoint a part-time commissioner for the unexpired portion of that part-time commissioner’s term of office. [Section 5(3) of Act 40 of 2013]Both part-time commissioners took up office on 3 January 2017.11

12. 7. DEPUTY CHAIRPERSONThe President must, on the recommendation of the National Assembly, appoint a Chairperson and Deputy Chairperson of the Commission, respectively. [Section 6(1) of Act 40 of 2013]Notably, the Deputy Chairperson takes on the leadership of the Commission when the Chairperson of the Commission is absent or unable to perform their responsibilities for any reason.The Chairperson of the Commission has highlighted that this position carries both programme and administrative/management responsibilities. (See letter dated 20 October 2020. 12

13. 8. CONSIDERATIONSThere are 57 nominations/applications for the positions.Committee to decide on:The number of candidates to be shortlisted for the 2 positions bearing in mind that it must also make a recommendation for the position of Deputy Chairperson.Screening of candidates. When ? How much time is needed?Structure and length of the interviews.Interview questions.Other?13