CGE Vacancies: Programme & Advert; Removal of CGE commissioner for misconduct; Committee Annual Activities Report

Meeting report

Opening remarks

The Chairperson opened the meeting and expressed satisfaction with the quality of the debate on the National Youth Development Agency (NYDA) Amendment Bill. She commended the Members for their excellent contributions, emphasising the cohesion and preparedness evident in the discussions. She thanked the Members for their hard work. She noted the Law Reform Council's role in the disability plan, but expressed disappointment at the slow progress, preventing the passage of the Disability Bill. Despite this setback, she assured that the bill would eventually be passed to eliminate the reliance on a White Paper, which the country had maintained for 30 years. She urged future Members of the Portfolio Committee to prioritise the Persons with Disability Bill for prompt parliamentary approval in the next term.

Committee Programme to fill CGE vacancies

The Committee Secretariat presented the programme, which showed that the programme to fill the Commission for Gender Equality (CGE) was scheduled to end at the beginning of March 2024.

The Chairperson informed the Members that a draft proposal was being presented regarding filling CGE vacancies. She mentioned the importance of procuring sign language services for the upcoming interviews and shortlisting process scheduled for February 2024. She inquired whether the procurement office had been prepared for the publication in print media, specifically asking about the newspapers to be utilised.

The Committee Secretariat explained that their usual procedure involved consulting the supply chain management (SCM) team, which typically checked all the necessary paperwork and provided a quote. She added that once the programme was adopted, she would send the advertisement to Language Services for translation into all official languages. Following translation, it would be sent for a procurement check.

The Chairperson inquired whether the relevant parties had been informed of what to anticipate. The suggestion was to sensitise the officials or convey to the divisions involved that they were initiating a project. She emphasised the importance of outlining the tasks and requirements, ensuring that the officials were prepared for the upcoming work.

The Committee Secretariat said she would send an email while the Members were busy in the meeting.

The Chairperson inquired why there was a tendency to always send emails, questioning how the verification of receipt could be ensured. Expressing concern about potential delays, she suggested obtaining the contact numbers of the recipients and making a call instead.

Ms B Marekwa (ANC) indicated agreement with the programme or schedule presented by the Committee Secretariat. She acknowledged the sufficient time provided to the Committee, emphasising the importance of applicants having ample time to avoid issues within a short timeframe. She urged that once the information went out, interested individuals should start applying immediately to adhere to the timeline and prevent any delays. She stressed the Committee's goal of avoiding delays in the process, especially considering other organisational activities and elections. She supported the Chairperson's statement on sourcing a sign language interpreter to ensure there were no issues during or after the interviews.

Ms T Masondo (ANC) concurred with Ms Marekwa.

The Chairperson said that when the processes commenced, there would be no apologies, as the Committee transformed into a panel. The only Members without voting powers at the end were Ms N Sonti (EFF) and Ms Marekwa (as they were Alternate Members). These Members would need to coordinate with the senior Members of the Committee.

Ms N Sonti (EFF) asked about the process of coordinating with senior Members.

The Chairperson clarified that Ms Sonti would need to request Ms M Khawula (EFF) to express the vote on her behalf. If Ms Khawula was not present in the meeting, a letter from the EFF must indicate their liaison and the decision made.

Ms F Masiko (ANC) raised concerns about the tight schedule between the interviews on 27 and 28   February 2024, and the deliberations on 29 February. Drawing from past experience, she highlighted the challenges of limited time for Members to review their notes and scores before deliberations. She suggested the possibility of requesting more than one day for panel members to thoroughly review their assessments, recalling instances where similar requests were made in previous interviews for both the NYDA and the CGE. She emphasised the need for flexibility to ensure a comprehensive and thoughtful deliberation process.

The Chairperson acknowledged Ms Masiko's concern and proposed using 5 March for deliberations on the candidates, with another date around 8 March for adopting the report. She also addressed the need to check with the chairperson of the CGE regarding any commissioners recommended for full-time positions. She emphasised the importance of knowing which vacancies would be advertised, considering one commissioner's term would end in March. Given their existing commitments, she suggested prioritising the conversion of part-time commissioners to full-time roles. She sought input from the Members on this approach.

Ms C Phiri (ANC) affirmed the Chairperson's approach as fair, emphasising the importance of equal opportunities. She suggested that those who had been part-time commissioners and were eligible for conversion according to the law should be given a chance to become full-time. She viewed this as fair and supportive, stating that it also acknowledges and encourages the individual's work. She highlighted the human and Ubuntu aspects of this approach, seeing it as proper and just.

Ms Masiko concurred, highlighting the importance of the law of progression. She emphasised that Members who had been part of the institution on a part-time basis would be more familiar with the organisation, making them better suited for progression. She also recalled previous interviews for the CGE, where there was a desire for some to be full-time commissioners, but space constraints had prevented it. She saw the current opportunity as a positive chance for those members to be considered for progression if space allowed.

The Chairperson added a reminder about a vacant position, where the President was supposed to have appointed six commissioners but had appointed five, leaving one position unfilled. She asked Members to consider this vacancy when looking at the overall vacancies.

Ms Kashiefa Abrahams, Committee Content Advisor, acknowledged the issue related to the difference in understanding between what the Committee had suggested in the report and the final appointments. She indicated that Dr Tembe was present, and suggested that he provide an update on this matter, especially regarding the vacancies.

Dr Herman Tembe, Legal Officer, Office of Institutions Supporting Democracy, clarified the issue of conversion, stating that members of the CGE were allowed to apply for conversion to full-time status. This process was catered for in the CGE Act, and members typically applied to the President for conversion. The CGE should facilitate this process by assisting the President, as the CGE was likely to know the members better than the President.

Regarding the number of positions available for part-time or full-time roles, Dr Tembe described it as a technicality that could not be specified in adverts. He explained that this information was handled internally, and the Committee and the President might be pressed for time due to the timeframe. He noted that applications to the President were typically not sent during the festive holiday season, and the current time frame was challenging. He said that most of the vacancies were intended for full-time commissioners, and according to the Act, the Commission should have at least two but not more than seven full-time commissioners. Currently, the Commission consists of only one full-time commissioner, the recently appointed chairperson. He suggested that if there was a conversion, it would increase the number of full-time commissioners and contribute to the overall complement of the Commission.

The Chairperson explained the plan, mentioning that about six vacancies would be advertised, and applicants should indicate whether they were applying for full-time or part-time positions. The process of the CGE converting some commissioners to full-time would run parallel with their process to avoid having vacant full-time positions. Applicants had to specify whether they were applying for full-time or part-time roles, and the final decision on appointments would depend on the President. She concluded by suggesting that they were done discussing dates and the calendar, urging the adoption of the calendar.

The Members adopted the programme with amendments.

The Chairperson asked which media outlets would be utilised for the advertisements.

The Committee Secretariat stated that she would advertise in all 11 official languages. She also mentioned choosing a newspaper, which was City Press.

The Chairperson explained that City Press, being the only English paper, had been chosen. The newspapers were expected to be ready by 14 December, and the advertisements would run from 17 December until 31 January 2024. Shortlisting processes would take place on 6 and 7 February, with additional activities on 8 February.

The Committee Secretariat said there would be pre-employment screenings, and she would also request screenings from the human resources (HR) department.

The Chairperson informed the Members, especially those new to the Committee, about the process when receiving curricula vitae (CVs) of candidates. A form was sent to the applicants upon shortlisting, allowing them to provide additional information about themselves. All this information, including the full CV, a summarised version, and qualifications, was electronically sent to the Members before the Portfolio Committee meeting. She emphasised that the Members would spend two days going through these documents, working late into the evening. The goal was to prepare the Members for the challenging task of shortlisting candidates. She stressed the importance of reading and reviewing the CVs before the meeting, as it was not an easy process. The Committee also screens and verifies the qualifications, requesting police clearances to be submitted as soon as possible.

Ms T Makata (ANC) asked about the approach to reaching out to potential candidates. She expressed curiosity about whether there was a plan beyond using print media for advertising the posts, especially considering the need to reach a diverse audience.

The Committee Secretariat responded that when they engaged the translation services, they could request the translation unit to provide Braille for blind individuals. She added that she would check with the service provider who would assist them in advertising, to understand how to effectively reach and advertise for blind people, acknowledging that this was a new aspect.

The Chairperson emphasised the importance of inclusivity in all their activities. She highlighted that the bill should be designed to accommodate everyone, including individuals with visual impairments, such as blind people.

Removal of CGE commissioner for misconduct

The Chairperson asked Ms Masiko to elaborate on the removal of the commissioner who had been accused of misconduct.

Ms Masiko explained that it was not an easy process to remove a commissioner according to the regulations. To assist in this process, she submitted a motion to the Office of the Speaker requesting the initiation of the necessary parliamentary rules for the removal of Commissioner Mbuyiselo Botha from the CGE. This process was outlined in section 194, and followed procedures in the National Assembly, specifically Rule 129R to Rule 129AF.

She said that the motion proposed initiating an inquiry into the removal of the commissioner based on grounds of misconduct. The Speaker had approved the motion, and it meant that a parliamentary committee would be established to conduct an inquiry into the alleged misconduct and decide whether to dismiss the commissioner. This process must unfold before a commissioner could be officially removed from office.

Dr Tembe added further clarification, stating that Commissioner Botha was not suspended. The court had invalidated his suspension, and it was crucial for the Committee to understand this fact. He emphasised that Commissioner Botha was correctly working within the CGE as per the court judgment. He clarified that Commissioner Botha's term of office would end on 31 May 2024. Regarding the process outlined by Ms Masiko, he explained that political parties needed to nominate a candidate for the three-member panel, and only then could an inquiry be initiated to determine if there was a need for further action. The decision to proceed would be made after the findings were presented by the three-member panel, following the rules of the National Assembly.

The Chairperson said that the Committee would be informed of any developments regarding Commissioner Botha. However, she emphasised that the Committee would be occupied with the process of filling vacancies, and noted that Mr Botha was serving his last term and would not be returning.

Draft advertisement for the filling of CGE vacancies

The Committee Secretariat presented a draft advertisement calling for nominations and applications for individuals to serve as CGE commissioners. The Portfolio Committee invited the public and organisations to nominate suitable candidates for the appointment. Applicants would be required to complete a Google form on the parliamentary website, or via WhatsApp on +27 (0) 83 7098 472. A list of shortlisted candidates and their resumes would be published on the parliamentary website for public comment.

The disclosure of personal information of candidates would be subject to lawful processing and secure storage, following the Protection of Personal Information Act 4 of 2023 and the Employment Equity Act 55 of 1998. On Parliament's recommendation, the President appoints a member to the Commission for a term not exceeding five years, with the possibility of reappointment for one additional term. Candidates must be South African citizens, fit and proper for the appointment, broadly representative of the African community, and have a record of commitment to promoting equality with applicable knowledge and experience. Nominations must include the nominee's full name, address, email, and contact details, along with acceptance of the nomination. The closing date for applications was midnight on 31 January 2024. Inquiries could be directed to the provided number or the email [email protected]. The nominations were issued by the Chairperson of the Portfolio Committee of Women and Persons with Disabilities.

Dr Tembe addressed the Chairperson, highlighting a past issue regarding complaints, including an inquiry from the President, related to the omission of candidates' CVs. In the previous process, only academic qualifications had been considered. To avoid a similar situation, he proposed that the Google form and the shortlisted candidates should include CVs or resumes. This proposal aimed to prevent complications and potential litigation, as experienced in previous recruitment processes for CGE commissioners.

The Chairperson clarified that the issue last time was not about the adverts, but rather the publication of CVs. She invited any comments or feedback from the Members on this matter.

Discussion

Ms Masiko asked for a brief reminder of the issues brought before Parliament in the last process that could have led to possible litigation. She emphasised the importance of considering those past challenges in the current process, to ensure a thorough and effective conclusion. She conveyed satisfaction with the current advertisements, expressing the belief that they would attract members from the community who could effectively represent vulnerable groups such as women, children and the LGBTQIA+ community as commissioners in the CGE.

Dr Tembe provided insights into past challenges in the recruitment process. He said issues often revolved around the time period of advertisements, with some parties advocating for extensions. Concerns were also raised about the duration allowed for public participation and comments on shortlisted candidates. Another issue involved the assessment of candidates, where the previous process relied solely on academic qualifications, leading to difficulties in extracting comprehensive information.

To address these challenges, he said that the proposed inclusion of CVs in the current process aimed to ensure a smoother and more informed evaluation of candidates. He emphasised the importance of considering these factors to prevent potential litigation, as issues could extend beyond the parliamentary process, requiring responses to the President. The goal was to cover all angles and facilitate a seamless recruitment process.

The Chairperson emphasised the importance of being cautious and vigilant throughout the recruitment process. She highlighted the need for Members to protect themselves from potential pitfalls, including discussions with outsiders, and the risk of facing legal consequences. She advised against disclosing information about candidates, and urged Members to be mindful of potential bribery attempts. Members were reminded that they would not receive support if they faced legal issues resulting from their actions during the recruitment process.

She indicated satisfaction regarding the advert, but emphasised the significance of the deadline, which is 31 January 2024. She also specified that all candidates should undergo screening, submit fingerprints, and provide certified copies of their qualifications and identity documents (IDs). These requirements must be clearly outlined in the advert to avoid any discrepancies.

Ms Masondo moved for the adoption.

Ms Marekwa raised concerns about the transparency of information related to candidates who owned companies or non-governmental organisations (NGOs). She inquired whether it would be possible or permissible for candidates to submit certified letters or documentation confirming their roles as owners, shareholders, or directors in these entities. She suggested that having such certified documentation could provide additional proof and transparency regarding candidates' involvement in businesses, which might not be evident from their CVs or interviews.

Dr Tembe said that the Google form included a question related to conflict of interest, which allowed candidates to disclose their involvement in companies or juristic persons. He suggested that the Committee would use the information obtained from the Google form to assess potential conflicts of interest. He also mentioned that issues related to candidates' companies would be addressed during the vetting process.

The Chairperson expressed satisfaction with the inclusion of a column for the declaration of interest in the Google form, addressing concerns about potential conflicts of interest. The advert was then acknowledged as duly adopted, and the meeting proceeded to the next item.

Consideration of Google form application for CGE vacancies

Ms Abrahams presented the Google form that would be used for the application process. The form was designed to capture essential information from candidates, including personal details, education history, work experience, motivation for applying, preference for full-time or part-time positions, and declarations related to financial matters, criminal history, professional conduct, and relevant matters concerning honesty and integrity.

The form included a section for candidates to provide a summary of their resume, which would be posted on Parliament's website for public commentary if the candidate was shortlisted. This summary was limited to one to two pages, ensuring consistency across all candidates.

Candidates would be required to upload certified copies of their qualifications and identification, and the form incorporated a declaration that the information provided was true and correct. The submission deadline was set for midnight on 31 January.

Ms Abrahams explained the process of converting the submitted information into an Excel spreadsheet for easy review by the Committee. She highlighted the measures in place to ensure transparency and accountability in the application process.

Discussion

Ms Masiko raised concerns about the accessibility and usability of the electronic form, particularly in light of the challenges some Members of Parliament had faced with other electronic systems. She emphasised the need to assess past experiences with electronic submissions and to consider the potential difficulties applicants might encounter. She highlighted the importance of understanding both the strengths and weaknesses of the system to address any issues that may arise, ensuring a smooth and accessible application process for all candidates.

Ms M Hlengwa (IFP) concurred with Ms Masiko's concerns about the electronic submission system, emphasising that there had been problems with its accessibility. She proposed finding an alternative method to ensure that applicants could use both electronic and non-electronic means for submission to address the challenges some would face.

Ms Makata raised concerns about the accessibility of the Google form, and suggested considering alternatives for manual submission. She proposed incorporating a feature in the Google form that allowed applicants facing issues to send inquiries directly to the administrative side for assistance. She also emphasised the importance of setting a time frame for when documents should be certified, suggesting a six-month limit to ensure the quality and relevance of submitted documents.

The Chairperson suggested that those who might face challenges accessing the internet could post their applications to the Committee Secretary. However, the Committee Secretary would need to provide the specific address for submitting hard copies. She also emphasised the importance of submitting applications as soon as possible to account for potential delays, such as load-shedding or other technical issues.

The Committee Secretary mentioned that she would include the address for postal submissions in the adverts so that applicants were aware of where to send their hard copies.

The Chairperson also emphasised that those received after the closing date would be considered for applications sent via post. If the stamp on the envelope indicated that it had been posted before the closing date, the application would be accepted.

Ms Abrahams highlighted a practical concern. During the festive season, postal mail could take longer, and consideration of potential delays was important. When receiving postal submissions after the closing date, the Committee Secretariat would check the postmark date to accurately record when the candidate had sent the application. This would ensure fairness in considering applications that may experience postal delays.

The Chairperson said that while the Committee would consider postal submissions with a postmark after the closing date, there should be a reasonable expectation from candidates regarding postal delays. Candidates who post their applications close to the closing date should be aware of potential delays and plan accordingly. This helped to maintain fairness and clarity in the application process.

Ms Abrahams clarified that candidates who faced challenges with the Google form, often due to load-shedding, could contact the Committee Secretariat, and she would connect them with the information communication technology (ICT) team for assistance. Most candidates successfully completed the form, and those with issues were helped through the process. Additionally, she mentioned inserting a clarification in the Google form that certification of documents should be within the past six months.

The Chairperson confirmed that this addition would be included in the form.

Ms Marekwa moved to adopt the Google form for the CGE vacancies, and was seconded by Ms G Opperman (DA).

The Chairperson confirmed the adoption of the form, and the meeting proceeded to the next item on the agenda.

Committee’s preliminary annual report

The Committee Secretariat informed the Committee that there had been a request to consider the Committee's preliminary annual report, encompassing all activities conducted from January to December 2023. The final report was scheduled for adoption next year, specifically by the end of March, coinciding with the conclusion of the parliamentary session.  

The Chairperson said she had been informed that the Committee had been requested to consider a preliminary report on its progress.

Ms Masiko suggested that although it might not be crucial, the Committee should begin with the full Members, and conclude with the alternate Members, even though the alternate Members were marked with a star.

The Chairperson proposed that the Committee regard Ms Marekwa as a full Member since she had recently transitioned from a full Member to an alternate Member.

The Committee Secretary read out all the names of the Members to confirm the accurate use of initials for each of them.

Ms Mataka suggested it might be appropriate to indicate next to the names, after the party affiliation, whether a Member was a permanent or alternate member. She emphasised that this clarification was important for the readability of the report.

Ms Phiri clarified that the use of an asterisk (*) next to a name indicated that the Member was an alternate. She mentioned that this symbol was commonly understood to convey alternate status.

The Committee Secretary said she had updated the record to reflect Ms Marekwa's transition from a full-time Member to her current status.

The Chairperson inquired about the possibility of indicating which Members did not attend the meetings -- referring to Ms T Marawu (ATM). She said there was a Member who had attended only one meeting.

Ms Masiko agreed with the idea that the report should accurately reflect the Committee's work, including Members' participation, to showcase what the Committee had achieved or not achieved during the reporting period.

The Committee Secretary presented an overview of the bills referred to the Committee, including details such as the date of referral, public hearings, consideration date, adoption date, publication in the Announcements, Tablings and Committee (ATC) reports, and the debate in the House. She mentioned two oversight visits were conducted, one in KwaZulu-Natal (KZN) and the other in Mpumalanga. She clarified that the presented report focused on activities from January to December 2023, and reports from 2022 would be reflected in the legacy report.

Ms Abrahams intervened to assist the meeting to be in order. She pointed out that the document on the screen was not the edited version, and offered to share her screen to display the correct one. She then proceeded to discuss various items on the agenda, including the analysis of bills, oversight trips to KZN and Mpumalanga, responses to requests, information on the gender summit, reports on international study tours to Germany and the Commission on the Status of Women CSW), and an account of meetings held by the Committee. She also mentioned the cancellation of no meetings, and the need to include the meeting they were in, for records to be accurate. For public hearings, she highlighted that the Committee had conducted hearings for the National Youth Development Agency Amendment Bill, covering both oral and written submissions. She also emphasised the importance of attachments as evidence for items, such as bills and briefs discussed during Committee meetings.

The Chairperson interjected to inquire about the omission from the report of the KZN trip related to the floods.

Ms Abrahams explained that the report specifically focused on public hearings related to bills and legislation. She clarified that oversight matters, such as the KZN trip about the floods, were covered in a separate oversight report that provided a comprehensive account of the Committee's engagements.

She proceeded to detail the Committee's consideration of various bills and the quarterly reports and annual reports for the National Youth Development Agency and the Commission for Gender Equality. She also highlighted the absence of unapproved applications and sponsorships, and the limited papers referred to the Committee for consideration.

The Chairperson interjected to mention a conference attended in Abuja, Nigeria.

Ms Abrahams asked whether there had been sponsorship for the conference in Nigeria, or if it was arranged by the Committee section.

The Chairperson replied that the conference had been partially sponsored. Parliament had contributed to the flight ticket, and the conference organisers covered the hotel expenses.

Ms Abrahams acknowledged this and indicated that they would fill in the respective details for number 19, which pertained to papers referred to the Committee. The report then concluded with information about support staff.

The Chairperson asked when they had filled the CGE posts.

Ms Abrahams said they had been filled in 2022. The delay in the appointment of CGE posts from March 2023 had been due to the timing of the President and the appointment process. The report had been concluded in time, but the delay had occurred on the President's side.

The Chairperson interjected to ask about debates not being included in the report, and questioned if that part was not important.

Ms Abrahams explained that the template provided by the Committee section guided the completion of the report. She acknowledged the importance of including debates in the report, and assured that the legacy report would be more comprehensive, incorporating details about bills like the Disability Bill and WEGE Bill.

The Chairperson asked if the Members were satisfied with the report, and called for a mover for its adoption.

Ms Phiri moved for the adoption of the report, and Ms Hlengwa seconded.

The Chairperson thanked the Members for their cooperation and participation in the Committee's activities, and noted the adoption of the report https://pmg.org.za/tabled-committee-report/5635/

Closing remarks

The Chairperson expressed gratitude to the Members for their attendance and cooperation in completing the Committee's work. She thanked them for their support and understanding, acknowledging the sacrifices made, even during personal time.

She extended wishes for a happy Christmas, thanking the Members for their dedication, commitment, and passion in serving the people of South Africa.

Ms Masiko expressed gratitude on behalf of the ANC in the Committee, acknowledging the collaborative efforts of all political parties in working towards the interests of women and persons with disabilities. She specifically thanked the Chairperson for her leadership, guidance and patience, emphasising that the Committee's accomplishments would not have been possible without her sound leadership. She extended appreciation to the Committee Members and staff for their support. On behalf of the ANC, she wished everyone a joyful festive season, urging them to rest and extend the love and work done by the Committee to their communities and constituency offices. She concluded by wishing all a great Christmas and a prosperous new year in 2024, recognising the challenges as the nation approaches the national elections.

Ms Opperman expressed gratitude on behalf of the Democratic Alliance, and her colleague Ms Sharif. She thanked the Chairperson for her guidance and the Members for accepting her, mentioning that she was new to the Committee. She acknowledged the Committee's unique approach, compared to her experiences in other committees, and commended the Chairperson for effectively handling the Committee. She extended wishes for a happy festive season to all and expressed hope for a return to the ground for the elections in the coming year.

The meeting was adjourned.