SOUTH AFRICAN HUMAN RIGHTS COMMISSION

1. SOUTH AFRICAN HUMAN RIGHTS COMMISSION Presentation to the Portfolio Committee on Justice and Constitutional Development 2012/13 Annual Report 11 October 2013

2. OUTLINE OF PRESENTATION • Chairperson’s overview • Commissioners key highlights • Part A: Overview of 2012/13 performance • Part B: Analysis of legal complaints • Part C: Overview of 2012/13 financial statements • Part D: Audit findings and action plan • Part E: Overview of 2013/14 performance • Part F: Section 5(3) Money Bills Report

3. PART A: OVERVIEW OF 2012/13 PERFORMANCE

4. OVERVIEW OF 2012/13 PERFORMANCE: Overall achievement of targets 84% achievement of targets

5. 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

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

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

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

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

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

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

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

13. PART B: UPDATE ON LEGAL INVESTIGATIONS

14. UPDATE ON LEGAL INVESTIGATIONS: Comparison of caseload Year on year comparison of caseload

15. UPDATE ON LEGAL INVESTIGATIONS: Cases finalised Cases (complaints and enquiries) finalised by province

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

17. UPDATE ON LEGAL INVESTIGATIONS: Top 5 complaints categories Top 5 complaints handled by category

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

19. UPDATE ON LEGAL INVESTIGATIONS: Complaints trends by category * During the 2013/14 financial year, a child friendly complaints mechanism will be instituted

20. UPDATE ON LEGAL INVESTIGATIONS: Overview of specific cases • Lenasia housing matter • Marikana Commission of Inquiry • AndriesTatane case • MEC MandlaMakupula case • Zama Khumalo case

21. UPDATE ON LEGAL INVESTIGATIONS: Zama Khumalo

22. PART C: OVERVIEW OF 2012/13 FINANCIAL STATEMENTS

23. 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

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

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

26. OVERVIEW OF 2012/13 FINANCIAL STATEMENTS:Budget Allocation

27. PART D: AUDIT FINDINGS AND ACTION PLAN

28. 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

29. 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

30. PART E: OVERVIEW OF 2013/14 PERFORMANCE

31. 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 schools

32. 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

33. PART F: SECTION 5 (3) MONEY BILLS REPORT

34. 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

35. 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”:

36. MONEY BILLS REPORT: Recommendations for the forward use of resources

37. MONEY BILLS REPORT: Recommendations for the forward use of resources • 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)

38. THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION www.sahrc.org.za @sahrcommission