South African Human Rights Commission

Last updated

South African Human Rights Commission (SAHRC)
South African Human Rights Commission logo.svg
National Institution overview
FormedOctober 2, 1995;29 years ago (1995-10-02)
Type Chapter nine institution
Jurisdiction South Africa
Headquarters27 Stiemens Street, Braamfontein
Employees160
Annual budget R204 608 000
National Institution executives
Parent National InstitutionNone (Independent)
Key documents
  • Constitution s.184
  • Human Rights Commission Act (Act 54 of 1994)
Website www.sahrc.org.za
Map
South African Human Rights Commission

The South African Human Rights Commission (SAHRC) was inaugurated in October 1995 as an independent chapter nine institution. It draws its mandate from the South African Constitution by way of the Human Rights Commission Act of 1994. [1]

Contents

Commissioners

A seven-year term is given to appointees.

2009/2010

Seven commissioners were appointed for a seven-year term in 2009/2010, namely Adv Lawrence Mushwana, Dr Pregaluxmi Govender, Ms Lindiwe Mokate, Adv Bokankatla Malatji, Adv Loyiso Mpumlwana, Ms Janet Love (part-time) and Dr Danfred Titus (part-time). Mushwana, who was previously the Public Protector, was elected Chairperson and Govender was elected Deputy Chairperson in October 2009. [2] [3] [4] In July 2010, the National Assembly's justice committee decided unanimously that Mpumlwana's failure to disclose a civil judgement against him during the nomination process meant that he was not fit and proper to serve on the SAHRC. [5]

In February 2014, Advocate Mohamed Shafie Ameermia was appointed commissioner focusing on housing and access to justice. [3]

2017

For the seven-year term in 2017, Bongani Christopher Majola was appointed Chairperson of the South African Human Rights Commission, with Fatima Chohan the Deputy Chairperson. The full-time commissioners were Adv Bokankatla Joseph Malatji, Philile Ntuli, Adv Andre Hurtley Gaum, Matlhodi Angelina (Angie) Makwetla. The part-time commissioners were Adv Jonas Ben Sibanyoni and Christoffel Nissen. [6]

Criticism and controversies

The commission has been involved in a number of controversies ranging from accusations of racial double standards, [7] promoting racist practices, [8] political bias, [8] [9] to hosting a toxic work culture. [8] [9] [10]

Accusations of racial double standards

The trade union Solidarity has criticised the commission for what it claims is racial bias and prejudice. A comparative study revealed that the SAHRC is much more likely to self-initiate investigation where the perpetrator is white, and that it is more lenient in its punishment of black perpetrators. [7] [11]

Complaints were laid at the SAHRC against controversial politician Julius Malema regarding several statements he had made. Malema had said "kill the Boer" (Boer meaning white South African/Afrikaner), that he "was not calling for the slaughter of whites, yet" and had made racist remarks against Indian South Africans, accusing them of exploiting black people. In March 2019 the SAHRC stated that Malema's comments were not found to be hate-speech, claiming to have found no basis in law for Malema's comments to be ruled as hate speech. [12] This was despite Malema being found guilty in 2011 by the Johannesburg High Court of hate speech for chanting "Shoot the Boer". [13]

SAHRC commissioners admit that the Commission is biased in favour of black people. Dr. Shanelle Van Der Berg of the SAHRC justified the SAHRC's ruling on Malema by stating that the council applies different thresholds of what constitutes hate speech depending on the race of the alleged perpetrator, due to the nation's history. [14] Priscilla Jana, a commissioner responsible for race and equity issues, has stated that the SAHRC is "purposefully lenient to black offenders in incidents concerning racial utterances made to white victims because of the historical context". [15]

In July 2023, the Johannesburg High Court set aside the SAHRC ruling that Julius Malema's utterances at a 2016 gathering were not hate speech. [16]

Political bias

In November 2024 the Daily Maverick reported that the commissions' report into the cause of the July 2021 unrest had been doctored so as to drop any mention of President Jacob Zuma's arrest being connected to the incident. [7] The Daily Maverick's report stated that SAHRC employees working on the report were pressured by the commission's chairperson, Chris Nissen, and the SAHRC Commissioner Philile Ntuli to remove any findings that connected the cause of the riots to Jacob Zuma thereby indicating a notable political bias within the organisation to protect the former president. [7]

The SAHRC CEO, Vusumuzi Mkhize, was placed on precautionary suspension in 2024 for making politically and racially disparaging remarks about the then newly formed Government of National Unity in a hot mic incident. [7] [9] [10]

Related Research Articles

<span class="mw-page-title-main">African National Congress Youth League</span> Youth wing of the African National Congress

The African National Congress Youth League (ANCYL) is the youth wing of the African National Congress (ANC). As set out in its constitution, the ANC Youth League is led by a National Executive Committee (NEC) and a National Working Committee (NWC).

<span class="mw-page-title-main">Julius Malema</span> South African politician (born 1981)

Julius Sello Malema is a South African politician. He is the founder and leader of the Economic Freedom Fighters (EFF), a populist far-left political party known for the red berets and military-style outfits worn by its members. Before the foundation of EFF, he served as president of the African National Congress Youth League (ANCYL) from 2008 until his expulsion from the party in 2012.

Peter Mokaba, OLS was a member of the South African parliament, deputy minister in the government of Nelson Mandela and president of the South African governing party's youth wing, the ANC Youth League. The Peter Mokaba Stadium, a Polokwane stadium used for the 2010 FIFA World Cup, was named after him.

<span class="mw-page-title-main">Cape Independence Party</span> Political party in South Africa

The Cape Independence Party (CAPEXIT), previously called the Cape Party, is a political party in South Africa which seeks to use all constitutional and legal means to bring about Cape independence, which includes the entire Western Cape, Northern Cape, six municipalities in the Eastern Cape, and one municipality in the Free State. The area includes all municipalities in those provinces with an Afrikaans-speaking majority. In 2009, it was claimed to have had a membership of approximately 1,000 people across South Africa, but official membership figures are not made public. The party currently holds two seats on the Cape Town City Council.

Racism in South Africa can be traced back to the earliest historical accounts of interactions between African, Asian, and European peoples along the coast of Southern Africa. It has existed throughout several centuries of the history of South Africa, dating back to the Dutch colonization of Southern Africa, which started in 1652. Before universal suffrage was achieved in 1994, White South Africans, especially Afrikaners during the period of Apartheid, enjoyed various legally or socially sanctioned privileges and rights that were denied to the indigenous African peoples. Examples of systematic racism over the course of South Africa's history include forced removals, racial inequality and segregation, uneven resource distribution, and disenfranchisement. Racial controversies and politics remain major phenomena in the country.

The Commission for Gender Equality (CGE) is an independent chapter nine institution in South Africa. It draws its mandate from the South African Constitution by way of the Commission for Gender Equality Act of 1996.

AfriForum is a South African non-governmental organisation which mainly focuses on the interests of Afrikaners, a subgroup of the country's white population. AfriForum has been described as a "white nationalist, alt-right, and Afrikaner nationalist group", though this description is rejected by the organisation's leadership, who refer to themselves as a civil rights group.

<span class="mw-page-title-main">Economic Freedom Fighters</span> Far-left political party in South Africa

The Economic Freedom Fighters (EFF) is a South African communist and black nationalist political party. It was founded by expelled former African National Congress Youth League (ANCYL) president Julius Malema, and his allies, on 26 July 2013. Malema is president of the EFF, heading the Central Command Team, which serves as the central structure of the party. It is currently the fourth-largest party in the National Assembly.

Boerehaat is an Afrikaans word that means "ethnic hatred of Boers" or Afrikaners as they became known after the Second Boer War. The related term Boerehater has been used to describe a person who hates, prejudices or criticises Boers or Afrikaners.

<span class="mw-page-title-main">Pregs Govender</span> South African human rights activist

Pregaluxmi "Pregs" Govender is a South African human rights activist, author, and politician.

<span class="mw-page-title-main">Dean Macpherson</span> South African politician (born 1985) and Minister for Public Works and Infrastructure

Dean William Macpherson is a South African politician who is currently serving as Minister of Public Works and Infrastructure since June 2024. He is a Member of Parliament for the Democratic Alliance and Provincial Chairperson in KwaZulu-Natal. Macpherson is from Durban, KwaZulu-Natal and currently resides in Umhlanga.

<span class="mw-page-title-main">Black First Land First</span> Political party in South Africa

Black First Land First (BLF) is a political movement and political party in South Africa. It was founded in 2015 by Andile Mngxitama following his expulsion from the Economic Freedom Fighters (EFF), led by Julius Malema.

"Dubul' ibhunu", translated as shoot the Boer, as kill the Boer or as kill the farmer, is a controversial anti-apartheid South African song. It is sung in Xhosa or Zulu. The song originates in the struggle against apartheid when it was first sung to protest the Afrikaner-dominated apartheid government of South Africa.

<span class="mw-page-title-main">Ahmed Kathrada Foundation</span> South African-based foundation promoting non-racialism

The Ahmed Kathrada Foundation is a South African-based foundation the seeks to promote non-racialism and the principles within both the Freedom Charter and the South African Constitution. It is named after anti-apartheid activist, political prisoner, and politician Ahmed Kathrada. The foundation was founded by Ahmed Kathrada in 2008.

Renaldo Gouws is a South African YouTuber, industrial psychologist and former politician.

<span class="mw-page-title-main">Sibongiseni Dhlomo</span> South African politician

Sibongiseni Dhlomo is a South African politician and medical doctor for the African National Congress. Dhlomo is the current deputy minister of health for the Republic of South Africa.

Siboniso Armstrong Duma is a South African politician who is the provincial chairperson of the African National Congress (ANC) in KwaZulu-Natal. He is also Member of the Executive Council (MEC) for Transport and Human Settlements in the KwaZulu-Natal government.

Janet Yetta Love is a South African civil servant, activist and former politician who has served as vice-chairperson of the Electoral Commission of South Africa since 2018. Before her appointment to the Electoral Commission in 2016, she was a part-time commissioner at the South African Human Rights Commission from 2009 to 2016. She was also director of the Legal Resources Centre from 2006 to 2018.

<i>Qwelane v South African Human Rights Commission</i> South African legal case

Qwelane v South African Human Rights Commission and Another is a 2021 decision of the Constitutional Court of South Africa on the constitutionality of a statutory prohibition on hate speech. The court found that section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 was unconstitutional insofar as it included the vague term "hurtful" as part of the definition of prohibited hate speech.

Zonke Zanele Majodina was a South African academic, clinical psychologist and human rights worker.

References

  1. ↑ "About the SAHRC - Overview". South African Human Rights Commission. Retrieved 19 December 2016.
  2. ↑ "SAHRC Elects New Chairperson and Deputy". ngopulse.org. Retrieved 13 November 2012.
  3. 1 2 "Office of the Commissioners". sahrc.org.za. Retrieved 19 December 2016.
  4. ↑ Mataboge, Mmanaledi (9 October 2009). "To err is human, says Mushwana". mg.co.za. Retrieved 13 November 2012.
  5. ↑ "Advocate not fit and proper to serve on HRC". iol.co.za. 29 July 2010. Retrieved 13 November 2012.
  6. ↑ "South African Human Rights Commission - Office of the Commissioners". www.sahrc.org.za. Retrieved 2022-07-10.
  7. 1 2 3 4 5 Brink, Eugene; Mulder, Connie (2017-04-05). "How the response to black and white racism differs - Solidarity". Politicsweb. Retrieved 2017-04-12.
  8. 1 2 3 Davis, Rebecca (2024-11-15). "Fear and loathing rife at SA Human Rights Commission". Daily Maverick. Retrieved 2024-11-15.
  9. 1 2 3 Westerdale, Jarryd (2024-11-04). "Racial remarks, factions, and GNU bashing: Inside 'toxic' SA Human Right Commission". The Citizen. Retrieved 2024-11-15.
  10. 1 2 "Human Rights Commission appears before Parliament's justice committee". SAnews.gov.za. South African Government News Agency. 4 November 2024.
  11. ↑ Mulder, Connie (2017-04-10). "Letter to the Editor: Solidarity does have an axe to grind". www.dailymaverick.co.za. Retrieved 2017-04-12.
  12. ↑ "SAHRC finds Malema comments referred to commission not hate speech". News24. 27 March 2019.
  13. ↑ "Malema guilty of hate speech". TimesLIVE.
  14. ↑ "The SAHRC Joke | South Africa (2019)". YouTube . 27 March 2019.
  15. ↑ "My 'combi-court' rant wasn't racist, Mazibuko tells SAHRC". The Citizen. 2019-04-16. Retrieved 2021-07-21.
  16. ↑ Kgosana, Rorisang. "Court sets aside SAHRC decision that exonerated Malema of hate speech". TimesLIVE. Retrieved 2023-07-17.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.