SOUTH AFRICAN HUMAN RIGHTS COMMISSION

SOUTH AFRICAN HUMAN RIGHTS COMMISSION

Presentation to the Portfolio Committee on Justice and Constitutional Development

2012/13 Annual Report

11 October 2013

OUTLINE OF PRESENTATION

1. Chairperson’s overview

2. Commissioners key highlights

3. Part A: Overview of 2012/13 performance

4. Part B: Analysis of legal complaints

5. Part C: Overview of 2012/13 financial statements

6. Part D: Audit findings and action plan

7. Part E: Overview of 2013/14 performance

8. Part F: Section 5(3) Money Bills Report

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PART A: OVERVIEW OF 2012/13

PERFORMANCE

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OVERVIEW OF 2012/13 PERFORMANCE:Overall achievement of targets

84% achievement of targets

Strategic Objective Total number of targets

Targets achieved

% Achievement

1: Promote compliance with international obligations 5 5 100%

2: Position the Commission as the focal point for human rights

11 982%

3: Strengthen advocacy and human rights awareness raising

7 571%

4: Advance the realisation of human rights 5 5 100%

5: Advance the right to equality and access to information

14 14100%

6: Improve the effectiveness and efficiency of the Commission

16 1169%

Total 58 49 84%

OVERVIEW OF 2012/13 PERFORMANCE:Key achievements by strategic objective

Strategic objective 1: Promote compliance with international obligations

• Re-awarded A status by the United Nations as a National Human Rights Institution of international stature

• Appointed to the chair of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC)

• Monitored the government’s reporting on international obligations

• Drafting of Annual International Report providing an overview of developments relating to the work of international treaty bodies

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Strategic objective 2: Position the Commission as the focal point for human rights in South Africa

• Hosted more than 80 key stakeholder engagements in strategic focus areas, including interaction with experts through Section 5 Committees

• Conducted provincial and national public hearings on water and sanitation

• Leading participant in the Marikana Commission of Inquiry

• Finalised 79% (7 047 out of 8 919) of cases dealt with in 2012/13

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Strategic objective 3: Strengthen advocacy and human rights awareness raising

• Launch of Charter of Children’s Basic Education Rights, which has been recognised by the United Nations (UNICEF) as the most comprehensive charter in the world

• Hosted Roundtable on Freedom of Expression and Hate Speech, highlighting findings from provincial hearings held in the previous year

• Conducted provincial hearings on illegal mining in the Northern Cape

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Strategic objective 4: Advance the realisation of human rights

• Drafting of the Economic and Social Rights Report and monitoring Matrix

• Prepared the Strategic Focus Area Report on Water and Sanitation

• Submissions to Parliament on various draft legislation with human rights implications

• Drafting of an institution-wide Monitoring and Evaluation Framework and Plan

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Strategic objective 5: Advance the right to equality and the right to access to information

• Completed and handed over the 2011/12 Equality Report to the Ministry for Women, Children and People with Disabilities

• Promotion of awareness on the right to access to information, through

hosting and training of Information Officers Forums throughout the country

• Monitoring of compliance with the Promotion of Access to Information Act (PAIA) through engagement with top management in the public service, and submission of the PAIA Annual Report

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Strategic objective 6: Optimise the effectiveness and efficiency of the Commission

• Compliance with all in-year financial and non-financial performance reporting requirements

• Implementation of an information system for handling administrative function requirements of human resources

• Implementation of the new organisational structure, performance management policy, and staff handbook

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OVERVIEW OF 2012/13 PERFORMANCE:Areas of non-achievement

Strategic Objective

Performance Indicator

Annual Target

Actual Achievement Reasons for Variance

2 Finalization of complaints

85% 79% A Flowcentric System Upgrade resulted in delays in complaints finalisation both at head and provincial offices

2 Hosting of Section 5 Committee meetings

14 10 Delays in securing attendance of key stakeholders of Section 5 Committee meetings

3 Production of Acid Mine Drainage Booklet

Produce Booklet by 31 March

Delays in finalising the production of the booklet by service provider

Delay in printing by service provider

3 Hosting of Right to Food workshop / conference

Host conference by 31 March

Conference not hosted

Conference not hosted due to budgetary constraints. Hosting of the conference was dependent on donor funds. SAHRC funding proposal was rejected by a potential donor. The target has been postponed to the 2013-14 financial year

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OVERVIEW OF 2012/13 PERFORMANCE:Areas of non-achievement

Strategic Objective

Performance Indicator

Annual Target Actual Achievement Reasons for Variance

6 Completion of Midterm Performance Reviews by deadline

All units to complete Midterm Performance Reviews by deadline

Not all units completed their reviews by set deadline

Reviews not completed as a result of organisational restructuring and new employees joining the Commission in the course of the 2012/13 financial year

6 Completion of Organisational restructuring

100% 83% Restructuring and filling of posts were ongoing

6 Achievement of targets

100% 84% All of the reasons cited above

PART B: UPDATE ON LEGAL

INVESTIGATIONS

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UPDATE ON LEGAL INVESTIGATIONS:Comparison of caseload

Year on year comparison of caseload

Financial year

Caseload (enquiries and complaints) Finalised (% of total)

Carried over / active

2009/10 10 785 Y-on-Y change

8 325 77% 2 460 23%

2010/11 10 370 (7 910 new in 2010/11) -4% 7 499 72% 2 871 28%

2011/12 11 363 (8 492 new in 2011/12) 9% 9 851 87% 1 512 13%

2012/13 8 919 (7 672 new in 2012/13) -27% 7 047 79% 1 872 21%

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UPDATE ON LEGAL INVESTIGATIONS:Cases finalised

Cases (complaints and enquiries) finalised by province

UPDATE ON LEGAL INVESTIGATIONS:Active cases by province as at 31 March 2013

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UPDATE ON LEGAL INVESTIGATIONS:Top 5 complaints categories

Top 5 complaints handled by category

Nature of Complaint % Right ViolatedJust Administrative Action

14% Unfair administrative procedureNo outcome/decision of an administrative actionNo reason provided for an administrative action

Labour Relations 13% Racial discrimination in the workplaceHate speech in the workplace

Arrested, Detained and Accused Person

13% Conditions of detention in detention centresImprisonment without trialRight to appeal

Equality 12% Hate speech; Racial discriminationDisability; Sexual orientationReligion

Human Dignity 8% Linked to other rights including treatment of older persons and persons with disabilities.

UPDATE ON LEGAL INVESTIGATIONS:Comparison of complaints handled by Top 5 category

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Nature of Complaint 2012/13 2011/12 2010/11

Just Administrative Action 14% 15% (ranked 2nd) 20% (ranked 3rd)

Labour Relations 13% 13% (ranked joint 3rd) 10% (ranked 5th)

Arrested, Detained & Accused Person

13% 18% (ranked 1st) 15% (ranked 4th)

Equality 12% 13% (ranked joint 3rd) 30% (ranked 1st)

Human Dignity 8% 7% (ranked 5th) 25% (ranked 2nd)

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UPDATE ON LEGAL INVESTIGATIONS: Complaints trends by category

Nature of Complaint 2012/13 2011/12

Education 6% 5%

Children* 5% 2%

Healthcare, food, water and social security

5% 4%

Housing 6% 3%

Access to information 5% 5%

19* During the 2013/14 financial year, a child friendly complaints mechanism will be instituted

UPDATE ON LEGAL INVESTIGATIONS: Overview of specific cases

• Lenasia housing matter

• Marikana Commission of Inquiry

• Andries Tatane case

• MEC Mandla Makupula case

• Zama Khumalo case

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UPDATE ON LEGAL INVESTIGATIONS: Zama Khumalo

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PART C: OVERVIEW OF 2012/13 FINANCIAL STATEMENTS

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OVERVIEW OF 2012/13 FINANCIAL STATEMENTS:Financial performance

• 8% increase in budget expenditure compared with previous financial year

• Surplus of R1.569 million reported. National Treasury granted permission to roll-over the funds

• Funds will be utilised for ongoing legal investigations

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OVERVIEW OF 2012/13 FINANCIAL STATEMENTS:Analysis of spending trends

Category 2011/12

R0002012/13

R000% change

Personnel costs 56,156 63,642 12%

Administrative 4,573 6,253 27%

Inventories 1,542 1,917 20%

Land & Buildings 12,185 12,334 1%

Professional Services 18,423 16,334 -13%

Baseline allocation 92,879 100,736 8%

Additional funding (Cost of living adjustment) 702 794 12%

Total Revenue93,581

101,530 8%

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OVERVIEW OF 2012/13 FINANCIAL STATEMENTS:Analysis of statement of financial performance

2011/12 2012/13 % change

Revenue 91,354 102,399 12%

Expenditure 92,878 100,830 8%

Deficit/Surplus (1,525) 1,569 197%

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OVERVIEW OF 2012/13 FINANCIAL STATEMENTS:Budget Allocation

2013/14 2014/15 2015/16 2016/17

Baseline 109,999 117,136 123,199 129,359

Additional Funds 6,000 8,000 10,000 11,832

Total Baseline 115,999 125,136 133,199 141,191

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PART D: AUDIT FINDINGS AND

ACTION PLAN

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AUDIT FINDINGS AND ACTION PLAN:Analysis of Auditor General’s Report

The AG issued a qualified audit opinion. The following quote provides the basis for the qualification:

• The financial statements are materially misstated due to immaterial uncorrected misstatements in payables from exchange transactions reflected as R2 977 000 which is understated by R444 226.

• In addition, I was unable to obtain sufficient appropriate audit evidence and I was unable to confirm the following elements by alternative means:

– Payables from exchange transactions of R528 823 as included in the disclosed balance of R2 977 000.

– Property, plant and equipment of R863 042 as included in the disclosed balance of R7 515 000.

• As a result, I was unable to determine whether any further adjustments to these elements were necessary

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AUDIT FINDINGS AND ACTION PLAN: Steps to address the audit qualification

• Disciplinary action was taken against relevant officials including the institution of performance management controls

• An action plan has been put in place to address the key areas and enhance controls around payables, record management, assets and supply chain management

• Additional training and capacity to be provided to fix the systemic deficiencies identified

• An interim audit to be conducted by the AG in November 2013 to review the financial statements up to 30 September 2013

• Audit Review Committee established by the CEO

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PART E: OVERVIEW OF 2013/14

PERFORMANCE

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OVERVIEW OF 2013/14 PERFORMANCE:Progress as at 31 August 2013

• Currently 15% of the annual plan has been achieved, with more than 65% of our targets recorded as work in progress. The remaining 20% of targets are due in the latter half of the year

• Completed the Annual International and Regional Human Rights Report • More than 40 stakeholder engagements, and five Section 5 Committee

meetings conducted

• 68% of cases finalised (against annual target of 85%), exceeding midyear target of 43%

• Conducted hearings on the delivery of learning materials in schools31

OVERVIEW OF 2013/14 PERFORMANCE:Progress as at 31 August 2013

• Completed Economic and Social Rights Report

• Completed the 2012/13 Equality Report

• Development of Economic and Social Rights Matrix for the monitoring of areas relating to Health and Social Security

• Submissions made on three pieces of draft legislation

• Continuous awareness raising and monitoring of compliance with the Promotion of Access to Information Act

• Concluded a number of significant investigations relating to water and sanitation, racism in schools and the conditions of prisons

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PART F: SECTION 5 (3) MONEY BILLS

REPORT

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MONEY BILLS REPORT: Effectiveness of projects that received additional funding

Legal Services: Additional R 6m

• Filling of Legal Services structure

• Rapid finalisation of cases as at 31 August 2013: 68% cases finalised against 43% target

• Complex cases dealt with include Lenasia housing demolitions, Marikana Commission of Inquiry and Andries Tatane

• Extensive legal staff training

• Implementation of electronic case management system

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MONEY BILLS REPORT: Recommendations for the forward use of resources

• National Assembly 2012 Budget Review and Recommendations Report:

“The Committee was appalled to learn that commissioners lack the budget to

travel internally to undertake investigations, meet with stakeholders, etc. It

requested that the Commission provide it with funding proposals, which was

done. The following amounts are proposed: R2.21 million for 2013/14; R2.43

million for 2014/14 and R2.67 million for 2015/16”

“The Committee recommends that the South African Human Rights

Commission be provided with the following additional funds for the MTEF

period”:

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Description 2013/14(million)

2014/15(million)

2015/16(million)

Legal services human resources capacity for complaints handling R12. 3 R1.14 R1.14

Internal capacity building of legal practitioners R1.5 R1.75 R1.75

Procurement of Experienced Legal Expertise for litigation of complaints R1.5 R2.18 R2.18

Revamping Legal Case Management System R2.13 R1.12 R1.12

Setting-up a call centre for complaints processing R1.7 R1.84 R1.84

Developing Advocacy and Education capacity and materials R1.6 R1.9 R1.9

Research reports, namely ESR, Equality and Focus Areas R1.95 R2.14 R2.14

Monitoring, compliance and advocacy of PAIA R6,7 R2.7 R2.7

IT Infrastructure R3.43 R1.7 R1.7

Total R32.81 R16. 4 R16.4

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• In addition, the following items were identified as requiring additional funding:

– Commissioner’s travel – R2.21 million for 2013/14; R2.43 million for 2014/15 and R2.67 million for 2015/16.

– Chairing the National Human Rights Institutions International Co-ordinating Committee – R2.33 million annually

• In total, Parliament recommended additional amounts are as follows:R37.5m (2013/14)R21.116m (2014/15)R21.4m (2015/16)

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www.sahrc.org.za@sahrcommission

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