“The SCA notes that the SAHRC has reported that it is advocating to present its budget directly to the Parliament rather than via the Department of Justice and Constitutional Development. The SCA encourages the SAHRC to continue its advocacy in this regard, as it would increase its independence.
The SCA also notes that the Concluding Observations of the Committee on the Rights of the Child recommends that the State “provide sufficient human, technical and financial resources for such an institution and guarantee its independence, in order to effectively promote and protect the rights of the child”, and that those of the Committee on the Elimination of Racial Discrimination express concern that “the Commission does not have sufficient budgetary resources to effectively carry out its mandate, as expanded by Act No. 40 of 2013” and recommended that “the state party provide sufficient human, technical and financial resources for the SAHRC in order to effectively carry out their mandate.”
The SCA emphasizes the importance of the State providing adequate core funding. This promotes the independence of the NHRI by allowing it to freely determine its priorities and effectively fulfil its mandate. In particular, adequate funding should, to a reasonable degree, ensure the gradual and progressive realisation of the improvement of the organizations operations and the fulfilment of its mandate.
Provision of adequate funding by the State should, as a minimum, include the allocation of a sufficient amount of resources for mandated activities. Where the NHRI has been designated with additional responsibilities by the State, such as NPM mandate, additional financial resources should be provided to enable it to assume the responsibilities of discharging these functions.
The SCA would like to encourage the SAHRC to continue to advocate for an appropriate level of funding to carry out its mandate.”