Western Cape Commissioner for Children appointment process

Meeting report

The Chairperson opened the meeting by communicating the agenda and programme of the meeting.

Briefing by the Department of the Premier (DOTP)

Ms Ammaarah Kamish, Director: Policy Research and Analysis, DOTP, said that 561 individual comments were received. They were substantive and included comments from Chapter 9 institutions like the Human Rights Commission (HRC), individuals and the private sector. Many comments related to the functions and duties of the Commissioner. The appointment of the Commissioner and the office depends on the operational requirements. Ms Kamish said DOTP still needed to formally approach the provincial treasury for funding. The Commissioner for Children is duty-bound to report to the Provincial Legislature annually on measures taken by the provincial government to protect and promote the interests of children in the Western Cape. The office has the power, as regulated by provincial legislation, to fulfil this function through monitoring, investigating, researching, educating, lobbying, advising and reporting on issues relating to children.

Ms Kamish said about R4.5 million has been proposed for the Commissioner’s office of which R1.5 million will be for salaries and R3 million for the establishment of the office. The provincial government plans to finalise the draft bill at the end of the month. By next month, the provincial government aims to obtain Cabinet approval so that it can be introduced in the Western Cape Legislature. Dependent on the legislature’s time frames, the bill will be approved and the process to appoint a Commissioner can begin. The appointment of the Commissioner will also be dependent on time frames influenced by the legislature. The set-up of the offices of the Commissioner, from the date of publication of the act, will take six months to a year.

Discussion

Mr C Dugmore (ANC) asked what content and weight are attached to the comments from the regional children’s commission from another country. He asked on the possibility of having a Children’s Commissioner in office by mid-2019.

Mr B Kivedo (DA) asked on the measures put in place for institutions that withhold information with regards to cases of abuse, exploitation and child labour. He noted the importance of such information in the Commission’s investigative, monitoring and research roles.

Responses

Mr Nkosekhaya Lala, Acting Deputy-Director: Strategy Programme, DOTP, said that appointment of a Commissioner depends on the legislature and must go through Parliament. The international children’s submission was in line with case studies they took into account and seized an opportunity to invite the commission for commentary on their experience.

Ms Kamish said the content was largely on child participation, child services, and independence of the Commissioner. The international commission’s submission was weighted on the same score as the rest, but they considered context and applicability to South Africa. Any applicable commentary would be amended to suit the nation.

Ms A Vosloo, Principal State Law Advisor, DOTP, said that offences and penalties have been built in the draft to ensure enforcement. Any person or institution that refuse or fail to furnish information or furnish wrong or misleading will be prosecuted as outlined in the draft.

Mr Dugmore asked if there was possibility of looking at budget adjustment since the DOTP had not asked for funding yet from treasury. He asked for clarity on the R3 million allocated for accommodation.

Mr Anthony Hazell, Chief Director: Policy and Strategy, DOTP, said that the R3 million was a generic figure from public works for setting up an office. DOTP was still identifying the best suitable option, but a final decision has not been taken. The money was a baseline budget for setting up and furnishing the office.

Mr D Basson, CFO, DOTP, said the treasury was aware and the Children’s Commissioner was a transversal matter. Treasury wants certainty, but there was funding commitment.

Ms D Gopie (ANC) asked for clarity on whether the staff would be from the Metro or rural area with regards to the staff allocation.

Mr B Kivedo (DA) stressed the transversal nature of the Children Commissioner’s office. He asked for specialists in the particular fields and asked if skill sets had been taken into consideration for potential staff.

Ms M Gillion (ANC) questioned the seriousness of the DOTP on the Children’s Commissioner as it was a long overdue matter. She said that treasury seems ready to fund the programme but the DOTP was not ready. She asked what the DOTP’s timeframe for appointment was.

 The Chairperson clarified that it was an issue that the committee took seriously and would do extensive public engagement on. The committee would not be influenced by previous submissions and would fulfill its role as required by the law.

Mr Lala said there was a proposal that assists them with their planning and the Commissioner needs to be given enough space to be able to appoint his/her own staff in terms of specialisation. DOTP was very serious and took this as a priority. DOTP has timeframes as an executive arm of government and do all they can to liaise with the legislature.

Ms Vosloo said the separation of powers issue had been addressed and it was the reason DOTP could not make a date for presentation in Parliament. The Legislature was aware, but it was unfortunately a lengthy process as constitutionally prescribed. There was a technical task team looking into all the comments to make sure nothing important was missed.

Mr L Max (DA) asked what prompted the DOTP to expedite the process as it had been years in the making.

Mr Dugmore said that a Chapter 9 institution of this regard was a constitutional requirement and it should have been instituted by now. There was great need for commitment and the Premier had to explain why the 2009 promise has not been fulfilled.

Mr Lala said that there were public participation processes conducted by the Legislature that led to favouring the appointment of the Children’s Commissioner in recent time.

Mr B Kivedo (DA) said that the violation of rules, criminality and exposure of children in schools to high risk activities despite all interventions really calls for appointment of the Children’s Commissioner to set up clear guidelines in this space.

Questions from the Public

Mr Patrick Solomon, Director: Molo Songololo, raised concerns of child participation in the public hearings. He asked when it would all be finalised and said that a month for public participation was not enough.

Ms Jane Dairies, a representative from the Community Chest, said the situation in communities was dire. There is a crisis in many communities. Young children are suffering, and the bill needs to be published as it is long overdue.

Responses

Ms Vosloo said that the whole process was dependent on the legislative arm performing its duties. DOTP is serious about the matter and it is a high priority but the timing of public hearings and publishing of the bill is not up to them. She said a copy would be available after the publishing.

Mr Dugmore proposed a coming together of the committee and the civil society organisations so that the committee could have extensive views on the process.

The committee committed to approach the programming authority to prioritise convening public hearings within a month and emphasised including engagements with the youth and children in a space that makes them comfortable to express issues freely.

Consideration and adoption of draft committee minutes of 15 March 2018

Mr Kivedo moved to adopt, seconded by Mr Max.

Consideration and adoption of draft committee quarterly report (January – March 2018)

Ms Gopie moved to adopt with amendments, seconded by Mr Kivedo.

The meeting was adjourned