Solidarity asks the SAHRC to take action against Lesufi, Chiloane
28 October 2024
Today a delegation from Solidarity officially lodged a complaint with the South African Human Rights Commission (SAHRC) in Johannesburg against the Premier of Gauteng, the MEC for Education in the province and the Gauteng Department of Education.
The complaint against, among others, Panyaza Lesufi and Matome Chiloane has bearing on events that took place at Pretoria High School for Girls in July 2024 as well as the period after that when government officials got involved to address alleged racism on a WhatsApp group for Grade 12 learners.
The Gauteng Department of Education accepted the untested allegations of racism against 12 learners as the truth and the children were suspended along with the principal.
In addition, officials from the department visited the school and criticised the suspended learners for their alleged racism, while the principal was forced to apologise in an extremely humiliating manner because she allegedly did not take timely action against the learners.
However, after an investigation, the school governing body found the learners innocent. Consequently, the Department of Education started their own special investigation into a culture of racism at the school.
According to Solidarity Deputy Chief Executive Anton van der Bijl grounds exist for action by the SAHRC as the dignity and reputation of the learners and the principal, who is still suspended, have been greatly damaged.
“The Gauteng Department of Education, with Lesufi and Chiloane as the highest authority, acted without evidence against the learners, the principal and the deputy principal. The principal was humiliated because she was obliged to apologise for a lack of action against racism, even though there was found to be no racism.
“Unfortunately, this is another case where officials with an excess of political ambition, together with a deep-seated racial hatred, ruined lives. I sincerely hope the SAHRC has the will to make examples of these officials. However, up to now we have been disappointed time and again,” Van der Bijl said.
See the full complaint attached.
2024
SAHRC COMPLAINT
PRETORIA HIGH SCHOOL FOR GIRLS
24 October 2024
SOLIDARITY
THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION
Sentinel House, Sunnyside Office Park 32 Princess of Wales Terrace Johannesburg
ATT:
e-mail:
Shirley Mlombo (Legal Services)
Dear Sir/Madam
RE: THE PRETORIA HIGH SCHOOL FOR GIRLS' INVESTIGATION BY GAUTENG DEPARTMENT OF EDUCATION
1•. Preamble to complaint
1. Solidarity is mandated to protect the interest of its members in the workplace. Having regard to the rights conferred upon all South African citizens in Chapter 2 of the Constitution of the Republic of South Africa, 1996, and in pursuit of equality in the workplace, Solidarity hereby requests the South African Human Rights Commission (hereinafter referred to as "SAHRC") to investigate and address the Gauteng Provincial Government, Gauteng Department of Education, the Premier of Gauteng, Mr Panyaza Lesufi, and the MEC of Gauteng Education, Mr Matome Chiloane, regarding their acts, interventions and investigation at Pretoria High School for Girls.
1.2 The aforementioned request is submitted in the form of a complaint against the Gauteng Provincial Government, Gauteng Department of Education, the Premier of Gauteng, Mr Panyaza Lesufi, and the MEC of Gauteng Education, Mr Matome Chiloane.
1.3 It is submitted that section 13(3)( a) of the South African Human Rights Commission Act, No. 40 of 2013, (Human Rights Commission Act) specifically mandates the SAHRC to investigate the alleged violation of human rights and to secure redress should the SAHRC find that there is substance to this complaint.
1.4 In this document we will deal with the following issues in support of the complaint:
a) Information about Solidarity and its members
b) Facts warranting complaint
c) Human rights violations
d) Concluding remarks
2. INFORMATION ABOUT SOLIDARITY AND ITS MEMBERS
2.1 Solidarity is a registered Trade Union in accordance with the laws of South Africa. Solidarity represents approximately 200 000 members.
2.2 Over the years Solidarity has launched, and joined, several human rights disputes, ranging from the right to equality, language disputes, religious disputes and the like. Solidarity is an organisation that aims to ensure that the rule of law is upheld, human rights are respected, and that Government is held accountable to the Constitution and international conventions.
2.3 This complaint is directed at the Gauteng Provincial Government ("GPG"), Gauteng Department of Education ("GDE"), the Premier of Gauteng, Mr Panyaza Lesufi, and the MEC of Gauteng Education, Mr Matome Chiloane.
2.3 In submitting this complaint, Solidarity acts:
- in its own interest as a non-government organisation with standing;
- in the interest of its members who are employed in the educational sphere;
- in the public interest.
2.4 All South Africans have an interest in the rule of law, the requirements of a properly functioning constitutional democracy and, in particular, the urgent steps necessary to root out unfair discrimination and unlawfulness in our hard-earned democracy.
3. FACTS WARRANTING COMPLAINT
3.1 On 17 July 2024 learners of the Pretoria High School for Girls ("PHSG") raised concerns about alleged racism and bullying in the school that is not being dealt with by the executives, and violations of the school's code of conduct being treated differently because of race, after becoming aware of a WhatsApp group chat with alleged racial comments.
3.2 The Gauteng Department of Education accepted the allegations made by the learners as the truth and instructed that the 12 learners who participated in the WhatsApp group be suspended and disciplined. In addition, the department suspended the principal and placed the deputy principal on precautionary transfer.
3.3 Officials of the Gauteng Department of Education attended the school on 19 July 2024. The said officials addressed the school assembly and criticised the 12 learners who participated in the WhatsApp group for their alleged racism, to the satisfaction of the audience.
3.4 The officials of the Gauteng Department of Education then proceeded to humiliate the principal by forcing her to apologise to the assembly of learners for, allegedly, not acting against the 12 learners.
3.5 The Gauteng Department of Education took these severe actions before conducting a proper investigation to establish if there was prima facie evidence indicating that there was substance to the allegations.
3.6 On 23 July 2024 a newsletter was addressed to the parents of the learners of Pretoria High School for Girls stating the following:
"Mr Nkadimeng addressed learners, staff and parents (in absentia)... He said the government and the Department of Education have a zero-tolerance approach to any forms of discrimination. Issues of discrimination and issues of racism will not be tolerated by the Gauteng Department of Education, whether there is tangible evidence or not."
3.7 The School Governing Body proceeded with a disciplinary hearing of the 12 accused learners, in terms of the South African Schools Act, No. 84 of 1996. Two charges were brought against the 12 learners:
a) The learner makes herself guilty of racism, sexism, sexual harassment, or public use of hate speech, or expression of opinions to cause spread of hate.
b) Any content that amounts to hate speech or discrimination - hate speech and discrimination is harmful or hateful content that includes comments that are threatening, harassing, illegal, obscene, defamatory, slanderous or hostile towards any individual or entity those that refer to race, age, gender, sexual orientation, religion, political persuasion, body type and physical or mental health - or any factors identified in the relevant legislation.
3.8 The disciplinary committee of the School Governing Body concluded that all 12 learners were not guilty of the charges against them.
3.9 Notwithstanding the above, the Gauteng Department of Education initiated an independent special investigation to determine whether a culture of racism exists. According to Mr Steve Mabona, spokesperson of the Gauteng Department of Education, the motivation behind the investigation is the following:
"This decision is further motivated by the fact that the report of the SGB's ruling makes no mention of racism or discrimination against learners, whereas there has been a strong presumption of the existence of such at the school." 1
4. HUMAN RIGHTS VIOLATIONS
4.1 Section 1 of the Constitution, under the founding provisions, states the following:
"The Republic of South Africa is one, sovereign, democratic state founded on the following values:
(a) Human dignity, the achievement of equality and the advancement of human rights and freedoms.
(b) Non-racialism and non-sexism." (own emphasis)
4.2 Section 9 of the Constitution states the following:
( 1) Everyone is equal before the law and has the right to equal protection and benefit of the law.
(2) Equality includes the full and equal enioyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
(3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
(4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.
(5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair."
4.3 Section l O of the Constitution provides that:
"Everyone has inherent dignity and the right to have their dignity respected and protected."
4.4 Section 23(1) of the Constitution states that:
"Everyone has the right to fair labour practices."
4.5 Section 29 of the Constitution provides that: "( 1) Everyone has the right-
(a) to a basic education, including adult basic education;"
4.6 Finally, section 39 of the Constitution states the following:
"39. ( 1) When interpreting the Bill of Rights, a court, tribunal or forum
(a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom;" (own emphasis)
4.7 Human dignity, equality and non-racialism are core values encapsulated in our Constitution in respect of which all South African citizens are protected. It follows that each and every person or organisation has a duty to align itself with these values in order to give life to our Constitution.
4.8 The Gauteng Department of Education acted on the allegations of aggrieved learners and suspended 12 learners, the principal and the deputy principal without proper investigations into the allegations to determine the substance to the allegations.
4.9 The officials of the Gauteng Department of Education humiliated the principal by forcing her to apologise in front of the assembly of learners as if she was guilty of not taking proper actions to the racism allegations. Section l O of the Constitution is clear that everyone has inherent dignity and the right to have their dignity respected and protected. Section 23 further states that everybody has a right to fair labour practices.
4.10 The officials violated the principal' s right to human dignity and fair labour practices.
4.l l The intentions and utterances of the Gauteng Department of Education and its officials are clear that it is determined to smear the Pretoria High School for Girls with a charge of racism. In Solidarity obo Barkhuizen vs Laerskool Schweizer-Reneke and others Prinsloo J held:
"Racism cannot and should not be tolerated, and it has to be attacked and destroyed wherever it is found. In the same breath, however, racism should not be found and named where it does not exist." 2
4.12 The School Governing Body conducted a disciplinary inquiry in respect of the 12 learners and found that they were not guilty of the charges against them. However, the Gauteng Department of Education is not satisfied and persists in pursuing a racism charge against the school with its own independent investigation.
4.13 These continuous interventions by the Gauteng Department of Education are disruptive and violate the learners' right to basic education due to the disruption of the school system as the school has to function without its principal and deputy principal. There are no grounds on which the procedures conducted by the School Governing Body can be questioned.
4.14 The fishing expedition and acts by the Gauteng Department of Education and its officials do not promote the values that underlie an open and democratic society based on human dignity, equality and freedom as envisaged by section 39 of the Constitution.
4.15 In amplification of the aforesaid, we wish to refer to MEC for Health, Eastern Cape and Another v Kirkland Investments {Pty) Ltd in which the Constitutional Court pronounced on the duty of the State to respect the law when it stated:
"There is a higher duty on the state to respect the law, to fulfil procedural requirements and to tread respectfully when dealing with rights. Government is not an indigent or bewildered litigant, adrift on a sea of litigious uncertainty, to whom the courts must extend a procedure-circumventing lifeline. It is the Constitution's primary agent. It must do right, and it must do it properly. "3
5. CONCLUDING REMARKS
5. l Having regard to the above, Solidarity is of the opinion that the complaint is justified, factually correct and warrants further investigation by the SAHRC.
5.2 In respect of the outcome required, Solidarity is of the option that in terms of the Human Rights Commission Act the SAHRC:
a) is competent to investigate on its own initiative or on receipt of a complaint, any alleged violation of human rights;
5.3 As such Solidarity requests that the SAHRC:
a) conduct an investigation into the Gauteng Department of Education its acts, interventions and investigations at the Pretoria High School for Girls.
Solidarity is committed to engage with the SAHRC and to make further represe tations on the issues discussed in the document.
ANTON VAN DER BIJL
DEPUTY CEO SOLIDARITY
Footnotes:
1 Daily Maverick: Pretoria High School for Girls racism row - independent probe to be launched 5 August 2024 accessible at h1lps://www.doilvrnaverick.co.Lo/arlicle/2024 08-05 pre Iorio high school for girls racism row independen1·probe launched/
2 Solidarity obo Barkhuizen v Laerskoo/ Schweizer-Reneke and Others (J44/ 19) [2019] ZALCJHB 90; (2019) 40 ILJ 1320 (LC); [2019] 7 BLLR 725 (LC) (24 January 2019)
3 MEC for Health, Eastern Cape and Another v Kirland Investments (Pty) Ltd [CCT 77/13) [2014] ZACC 6; 2014 (5) BCLR 547 (CC); 2014 (3) SA 481 [CC) (25 March 2014)
ENDS
Statement issued by Anton van der Bijl, Deputy Chief Executive: Solidarity, 28 October 2024
