South African High Court: Chapter Nine Commissioners Not Workers

• The Johannesburg High Court has ruled that Chapter Nine commissioners are not 'workers' entitled to employee-style benefits.
• Public office bearers are accountable to the Constitution and statute, rather than an employer or manager in the ordinary sense.
• This ruling sets a precedent for defining the working conditions of commissioners in Chapter Nine institutions, emphasizing their autonomy and lack of employee-style benefits.

A commissioner cannot bypass the statute by contracting for leave benefits with the commission itself, which has no power to grant them to its commissioners.

A Johannesburg High Court judge has made a landmark ruling on the employment status of Chapter Nine commissioners, determining that they are not 'workers' entitled to employee-style benefits. The case involved a dispute over leave entitlements for a commissioner at the Commission for Gender Equality. Judge Stuart Wilson's judgment sets a precedent for defining the working conditions of commissioners in institutions such as the SA Human Rights Commission and the Public Protector. The ruling has significant implications for public office bearers, who are not subject to ordinary workplace hierarchies or command structures.

The statutory scheme governing Chapter Nine institutions is designed to guarantee commissioners a degree of autonomy, free from the constraints of employee-style benefits. Public office bearers are accountable to the Constitution and statute, rather than an employer or manager in the ordinary sense. This means that their salary and benefits are not subject to negotiation or collective bargaining. The President's role in appointing public office bearers does not confer employment status on them.

This ruling sets a precedent for defining the working conditions of commissioners in Chapter Nine institutions, emphasizing their autonomy and lack of employee-style benefits. Lawyers advising clients on public office bearer roles should consider this judgment when reviewing employment contracts or policies. The implications of this ruling extend beyond the specific case at hand, with potential consequences for public office bearers across various institutions.

This ruling sets a precedent for defining the working conditions of commissioners in Chapter Nine institutions, emphasizing their autonomy and lack of employee-style benefits. Lawyers advising clients on public office bearer roles should consider this judgment when reviewing employment contracts or policies.

Source: Original reporting via Johannesburg High Court