Parliament, Thursday, 05 May 2022 – The National Assembly (NA) has during its hybrid sitting today approved the African Charter Protocol on the rights of persons with disabilities and the amendment to the Nairobi Convention’s protection, management and development of the Marine and Coastal Environment of the Western Indian Ocean.

Three Committee reports, one from the Standing Committee on Finance and two from the Portfolio Committee on Police, were also adopted during the sitting.

Parliament received a request that it approve South Africa’s Accession to the Protocol to the African Charter on Human and People’s Rights on the Rights of Persons with Disabilities in Africa. The NA referred the Protocol to the Portfolio Committee on Women, Youth and Persons with Disabilities for processing. Having considered the request, the Committee, in terms of section 231(2) of the Constitution of the Republic of South Africa Act 108 of 1996, recommended that the NA approve the Protocol. The House approved the request during today’s sitting.

Also approved during the sitting was the accession to the amendments to the Nairobi Convention – which deals with the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean. These amendments were considered by the Portfolio Committee on Environment, Forestry and Fisheries which recommended that they also be approved in terms of section 231 (2) of the Constitution.

On 13 April 2021 the President of the Republic wrote to the National Assembly requesting that it consider the draft notice of his determination of the salaries and allowances of members of the Financial and Fiscal Commission (FFC). The NA sent the draft notice to the Standing Committee on Finance for consideration.

Section 9(1) of the FFC Act provides that members of the FFC are entitled to such remuneration, allowances and other benefits as determined by the President taking into consideration the recommendations from the Independent Commission for the Remuneration of Public Office Bearers (Commission). The determination by the President must be approved by the NA. Furthermore, the Commission must consult with the Minister of Finance when investigating or considering the remuneration, allowances and other benefits of members of the FFC. In its report published on 24 December 2020, the Commission after considering the relevant legislation and factors that must be taken into account recommended a zero percent adjustment, which applies retrospectively from 1 April 2020, to the remuneration of all categories of public office bearers.

Having considered the determination of remuneration for members of the FFC referred to it, the Committee unanimously adopted the report and recommended that the NA also adopts it. During today’s sitting the NA adopted the recommendations of the Committee.

Today’s sitting also adopted the Portfolio Committee on Police’s two reports on the state of shelters and the status of mental health care in South Africa. The state of shelters report, titled “Investigative Report of the State of Shelters in South Africa” was tabled in Parliament by the Commission for Gender Equality (CGE) in May 2019 and referred to the Committee for consideration. The Committee noted that the CGE found that there were good relations between shelters and the South African Police Services (SAPS) across all provinces. In its recommendations the Committee urged the SAPS to increase its training initiatives and programmes on Victim empowerment and also work with the CGE to research and make a list of shelters available to all police stations.

The report of the South African Human Rights Commission on the National Investigative Hearing into the Status of Mental Health Care in South was tabled in Parliament on October 2019 and referred to the Committee for consideration. In its deliberations the Committee was concerned that the SAPS was detaining people with mental health issues without having proper facilities while they are waiting for them to be referred to proper mental institutions. The Committee was also concerned with the huge backlog in level of training of SAPS members.

The Committee recommended that the SAPS must review its standing orders and align them with the Mental Health Care Act and provide a copy of its report to the Committee. It also recommended that the SAPS collaborate with professional mental health care workers, train more of its members on dealing with persons with mental health challenges and take measures to protect police officers when dealing with people with mental health challenges in the event a shooting occurs.

ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
Enquiries: Moloto Mothapo