PRESS STATEMENT BY MR AM OMAR, MINISTER OF JUSTICE
During the next Parliamentary session in August, two important Bills that will have a profound effect on public life, will be considered by Parliament.
THE HUMAN RIGHTS COMMISSION BILL, 1994
The purpose of the Human Rights Commission can be summarized as the protection and promotion of fundamental rights. The Commission shall inter alia have the power to render financial assistance to a complainant in cases dealing with fundamental rights in order to ensure that such complainant can bring his or her case before a court of law.
The Human Rights Commission Bill, 1994, emanates from sections 115 up to and including 118 of the Constitution of the Republic of South Africa, 1993, which comprehensively provide, inter alia, for the establishment, appointment, powers, functions, activities, staff and reports of the Human Rights Commission and is intended to complement the Constitution.
The Commission shall consist of a chairperson and 10 members who are to be appointed by the President after being nominated by a joint Committee of the Houses of Parliament and approved by the National Assembly and the Senate by a majority of at least 75% of the members present. In terms of the Constitution the members must be fit and proper persons, South African Citizens and broadly representative of the South African Community.
The Constitution also provides for the appointment of a chief executive officer who shall be empowe- red to appoint staff for the Commission subject to the approval of the Commission and on such terms and conditions of service as may be determined by or under an Act of Parliament.
The Bill consequently provides for the determination of such terms and conditions of service, as well as supplementary administrative provisions aimed at enabling the Commission to functions effective-ly.
THE PUBLIC PROTECTOR BILL, 1994
The Public Protector Bill, 1994, arises out of the provisions of Chapter 8 of the Constitution of the Republic of South Africa, 1993 (Act No 200 of 1993) by which the office of Public Protector is establi- shed.
The Constitution envisages an Act of Parliament which prescribes the remuneration and other terms and conditions of employment of the Public Protector, assigns immunities, privileges, powers and functions to the Public Protector and his or her staff and requires the appointment of such staff and incidental matters. The Bill proposes to enact the envisaged provisions.
The Public Protector, who will be appointed on the same basis as the members of the Human Rights Commission, will be an independent jurist who protects the ordinary citizen maladministration and improper prejudice by the authorities. The first appointment to this office will be made within the next month or two.
The Bill has already been introduced into Parliament and is to serve before the Standing Committee on Justice shortly.
The Minister would like to invite individuals, organisations, religious bodies and members of the public generally to submit comments, suggestions and proposals to the Standing Committee on any matter contained in the Bills. People should also make nominations relating to appointments in the office of Public Prosecutor as well as Human Rights Commission to Parliament, to be placed before the joint Committees.
ISSUED BY THE MINISTRY OF JUSTICE
PRETORIA, 13 JULY 1994