Justice Committee concerned about claims of toxic environment at SAHRC

1 November 2024

The Portfolio Committee on Justice and Constitutional Development had frank and robust discussions today with the South African Human Rights Commission (SAHRC) on the suspension of the SAHC’s Chief Executive Officer (CEO) Mr Vusumuzi Mkhize as well as other complaints that were brought before the committee against the Commission’s Chairperson, Rev Chris Nissen, and Commissioner Ms Philile Ntuli.
 
There are also calls for their removal from the Commission through Section 194 of the Constitution. The committee resolved that it needs a comprehensive report on the matter for further engagement. The Chairperson of the committee, Mr Xola Nqola, said the meeting was called due to a need for more information and clarity.
 
He said: “We are not there yet, at Section 194. We want to stabilize the institution so that it can focus on its core mandate of service to our people. Now it seems it is rather hamstrung by those opposing the current leadership.”
 
Rev Nissen told the committee that all the new allegations and information before the committee made no sense as it referred to his former public life, which is well known. He said he was vetted several times by various sectors and twice by Parliament and he was never found wanting. The committee noted that prior to Rev Nissen’s appointment as Chairperson of the SAHRC, Parliament called for public input into his suitability, and none was received.
 
The committee expressed its concern over the “toxic” environment in the office of the SAHRC stating that the situation is further deteriorating and seemingly it has been like that for some time. “You are an institution that is supposed to promote human rights, but now you are doing the opposite.”
 
The committee has noted utterances Ms Ntuli made that the attack on her is of a political nature accusing senior staff of the Commission and former commissioners of working together to have her and Rev Nissen out. She now fears for her safety and the committee resolved that the SAHRC must request that a risk assessment be done by security agencies.
 
The committee heard that three former commissioners created factions in the SAHRC by having meetings outside the Commission and then expecting the rest of the Commissioners to endorse such decisions. According to the SAHRC, some former Commissioners (that were named) were still causing divisions in the organisation. Mr Nqola said the committee will take the matter up.
 
The committee heard that Mr Mkhize, during a hybrid meeting of the SAHRC, unaware that he was not muted made some remarks about white people and about the Government of National Unity. He allegedly later “unlawfully” instructed that a junior official to delete the recording of meeting, breaking the protocol. Furthermore, the SAHRC said other concerns were raised prior to this regarding, amongst others, procurement, consequence management and him only accepting instructions from the interview panel that appointed him.
 
The committee further heard that concerns were raised about Mr Mkhize’s appointment process when a report from the Public Protector on the Guptas, citizenships said he violated the Constitution during his employment at the Department of Home Affairs.
 
“We decided to adopt the Commission, we conditionally support it. When it do good work, it will have our support, but when we hear of shenanigans, we will take them to task. We will do unannounced visits to its headquarters as well as to provinces to ascertain the real conditions in the institution,” said Mr Nqola.

Issued by Rajaa Azzakani, Media Officer, Parliament, 1 November 2024