Chairperson, the Public Protector Act, Act 23 of 1994, provides that the remuneration and other terms and conditions of employment of the Deputy Public Protector shall, from time to time, be determined by the National Assembly. Earlier this year the Public Protector formally requested that the remuneration and other terms and conditions of employment of the Deputy Public Protector be reviewed, because the last time this had been done was when Adv Lawrence Mushwana was the Public Protector. At that time the Deputy Public Protector was allocated an increase based on the inflation rate.
After considering the Public Protector's request, a draft resolution of the Portfolio Committee on Justice and Constitutional Development was referred to the Minister of Justice and Constitutional Development to ascertain whether his department's budget could afford any proposed increase in remuneration or gratuity.
In his response to the portfolio committee's query, the hon Minister pointed out the following. Firstly, disparities in remuneration and conditions of service are not peculiar to the Office of the Public Protector, but have also been raised consistently by other Chapter 9 institutions.
Secondly, the parliamentary Ad Hoc Committee on Review of Chapter 9 and Associated Institutions, commonly referred to as the "Kader Asmal committee", recommended a greater uniformity in remuneration and conditions of service for Chapter 9 institutions.
Thirdly, a task team, which was established to investigate such disparities, recommended that the determination of the remuneration of all constitutional institutions should be done by one institution using a single methodology. This would also be in line with section 219(5) of our Constitution.
Fourthly, such a development would require amendments to the relevant statutes determining Chapter 9 institutions, as well as the Independent Commission for the Remuneration of Public Office-bearers Act, Act 92 of 1997.
Given all these facts, the Portfolio Committee on Justice and Constitutional Development resolved that any proposed improvements in the remuneration of the Deputy Public Protector should be referred to the independent commission, once the appropriate legislative amendments have been effected, with which the Department of Justice and Constitutional Development is currently seized.
Accordingly, we ask this hon House to approve this report, which will also endorse the improvements in remuneration provided by the former Public Protector, Adv Lawrence Mushwana. Thank you. There was no debate.