Premier:

[1][a][i] The Western Cape Commissioner for Children [the Commissioner] and her Head of Branch: Investigations and Advice conducted a study visit from 11-14 April 2022 to the Ombudsperson for Children in Mauritius [OCO]. The OCO was established in 2003 as the first ever Children’s Ombud in Africa. Therefore, it was important to build this strategic bi-lateral relationship to strengthen the promotion of child rights in Mauritius and South Africa and encourage other African countries to institutionalise an Ombud / Commissioner for Children. The focus of the engagements was for the Commissioner and her team to build best practice points of reference around institutional structure, powers and duties, as well as to build partnerships with similar institutions. In addition to capacity building, another key tenet of the strategy is to build strategic bilateral relationships with Children’s Commissioner institutions around the globe.

[ii] The meeting with the President of the Republic of Mauritius, His Excellency, Mr Roopun was not confirmed until the WCCC had arrived in the country. The OCO wished to alert the President that the WCCC was the second Children’s Ombudsperson institution on the African continent. The President encouraged cooperation and learning between the two institutions.

[b] The estimated cost for the total delegation was R59 750.30. The total final cost was R54 378.58 after reimbursement of daily allowances.

[c] The study visit was financed from the budget of the Western Cape Commissioner for Children with approval from the Speaker of Parliament. The Ombudsperson for Children in Mauritius arranged and covered costs for in-country ground travel.

 [d] Itinerary of the study visit

 

Date and Time	Agenda Item
Monday 11 April 2022	Courtesy Call – Ombudsperson for Children   Presentation on the History of the Ombudsperson for Children’s Office   Presentation of the roundtable discussion on the establishment of Ombudsperson for Children Office in South Africa   Discussions on:   Investigation Process; Annual Reports and  Sensitisation Campaign
Tuesday 12 April 2022	Presentation on Investigation process at the Western Cape Commission for Children Courtesy Visit - The Commissioner for Prison Visit to Rehabilitation Youth Centre [Girls] Visit to Residential Care Institution
Wednesday 13 April 2022	Meeting the President of the Republic of Mauritius Systemic Investigation regarding             Résidence Anoska Meeting/Visit Southern Handicapped Association
Thursday 14 April 2022	Visit to NGO Safire [NGO working with Street Children] Debriefing, Evaluation of Visit and Way Forward

[e]  I have been informed as follows: the study visit to the OCO yielded many lessons for institution-building of the WCCC. On institutional structure and configutraion, the OCO is a National Human Rights Institution, whilst the WCCC is a provincial mechanism. The scope of the WCCC focusses on oversight only of social sector departments. The staffing structure of the OCO developed organically as the work of the Ombud progressed, while the structure of the WCCC was designed prior to operationalisation.

The main aim of the study visit was to learn of the OCO’s investigations policy and practice. Both the OCO and WCCC provide the public with multiple channels through which they may file complaints, and both institutions allow for child-friendly complaints mechanisms. The infrastructure required by the OCO to conduct investigations includes 4 registrars and 5 investigators in consultation with the Ombudsperson on meticulously minuted paper-based system initiated when a complainant formalises the complaint in person. Whereas, the WCCC investigation branch consists of 4 persons, only 2 of whom have been appointed thus far. All enquiries, complaints and requests coming mostly directly through the Commissioner. The complaints system is electronic using excel databases stored on an office Sharepoint. The WCCC will invest in a comprehensive information management system in the next financial year.  The approaches to resolving complaints have many similarities but the differences result in the unique scope of work of each institution. Own-motion inquiries which seek to understand the root of a systemic problem and to make recommendation to shift the system are undertaken by both institutions. The OCO recently completed a systemic review of child related services in Residence Anoska locality. Using similar social science research methods, the WCCC will undertake a systemic review of the parental and alternative care system for children in the province. 

Frequent exchanges between the two offices could be structured to optimise the cross- pollination and learning. 

[2] The WCCC is not yet fully functional and are in the process of appointing staff members required to operationalise the full extent of the organogram to fulfil the legal mandate. The WCCC has conceptualised and implemented key strategies published in:

• Annual Report 2020/1
• Hessequa Municipality Community Child Rights Workshop report
• West Coast Municipality Community Child Rights Workshop report
• Newsletter 2020/1
• #learninginCOVIDtimes infographics
• Child Government Monitors 2020 report

[a][i] Thus far, WCCC has staffed the Investigations and Advice branch; which includes 1 Deputy Director -DD [Salary Level 11] and 1 Children's Commissioner Officer - CCO [Salary Level 8] on permanent appointment. The DD is responsible for the strategic and operational management of the investigations and advisory functions, as well as to provide management support to the Commissioner. The Children’s Commissioner Officer is responsible for the management and execution of the child participation strategies. The appointment of an Assistant Director is in the final stages of recruitment. The remaining post of Children’s Commissioner Officer, to fill this branch, is now out for advertisement as a result of additional allocations to cost of employment budgets to the Office for 2022/23 over the medium term.

[ii] Another Children’s Commissioner Officer, in this investigations and Advice Branch, was appointed on contract but has accepted a promotion opportunity elsewhere since 1 May 2022.  This CCO was instrumental in managing the intake process for complaints, enquiries and requests for investigation. WCCC has a personal assistant to the Commissioner, who is on secondment from the Department of the Premier.  

[b] The DD is responsible for the strategic and operational management of the investigations and advisory functions, as well as to provide management support to the Commissioner. The Children’s Commissioner Officer is responsible for the management and execution of the child participation strategies.

[3][a] The WCCC received an additional R1million allocation for Cost of Employment in the 2022/23 budget. In the outer years of the Medium-Term Expenditure Framework, the WCCC was allocated R2 million more per year which will be used for CoE.

[b]The WCCC intends to operationalise the Monitoring and Awareness Branch by recruiting 1 Deputy Director [SL11] and 1 Children’s Commissioner Officer [SL8].