IS THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION ALSO A CAPTURED INSTITUTION?
SAHRC glaring in its absence on some cases of racism
The last few months have revealed a face of South Africa which do not bode well for minorities. The polarisation of South African communities will, in the months ahead till the 2019 general election, continue to grow if racism is not approached in an even handed manner.
This will only be possible if amongst others the SAHRC is consistent in its approach towards acts of racism and racial slurs and if there is consistency in its public pronouncements.
In the recent days there have been incidents in which the SAHRC did not even investigate the matter but pronounced with speed on these incidents. On Tuesday 2 October the Hot 91.9 FM host Mr Sasha Martinengo expressed a certain view on Mr Julius Malema and on Thursday 4 October the SAHRC issued a statement to condemn this.
In the case of Mr Kessie Nair who made racist comments against President Cyril Ramaphosa on social media on 16 September 2018, the SAHRC reacted on 22 September 2018 in which they strongly condemned the incident. They also said “We at once call on all South Africans not to tolerate this or to entertain these utterances.” Note the swiftness of the SAHRC in these cases. Could it be because politicians have been on the receiving end?
On 7 August we lodged a complaint with the SAHRC against the Free State MEC, Mathabo Leeto who said in the legislature "White South Africans have been rapists since Jan van Riebeeck arrived" and also “the graves of white South Africans have to be dug up so that their bodies could be held accountable.”
It is now almost two months later and the SAHRC is glaring in its absence. Not a word from them except a letter of acknowledgement.
Our experience in the past have been that politicians are treated with velvet gloves by the SAHRC. Over the last couple of years we have lodged various complaints with the SAHRC against for example Mr Julius Malema, Mrs Lulu Xingwana, Mr Essop Pahad and recently Mathabo Leeto. For some inexplicable reason the SAHRC found some reason to delay until eventually nothing happen, or an apology was accepted, or some other flimsy ruling which in effect gave carte blanche to these politicians.
The SAHRC in effect acts as the guardian and custodian of the Bill of Rights as contained in the Constitution. It derives its mandate from Section 184 of the Constitution and must “promote respect for human rights and a culture of human rights; promote the protection, development and attainment of human rights; and must monitor and assess the observance of human rights in the Republic”
It seems as if the SAHRC was captured in some way or another and is not doing the work it is mandated to do. It’s rulings and pronouncements are not consistent and even-handed. The SAHRC is also very selective on acting on possible racism even before any complaint was lodged. Also in this regard there are no consistency. Black racism and derogatory remarks are as wrong and just as unacceptable as white racism and derogatory remarks. In a society that is supposed to be equal, it seems as if the Human Rights Commission, regards the rights of some, more important than other.
If South Africa claims to be a non-racial democracy, serious reflection is required on any the public pronouncements and statements made by South Africans in general but by public representatives and politicians in particular. Our impression is that there was an increase in racist undertones, racial hate speech and inflammatory statements.
The past few years, the Human Rights Commission clearly demonstrated that this constitutional institution is unable to fulfil its constitutional duties and enforce human rights for all. The SAHRC has so far and unfortunately disappointed in executing its role as guardian and custodian of the Bill of Rights.
With a general election looming it is of the utmost importance that the Constitution and the Bill of Rights once again take their rightful place as the supreme law against which politicians and the public can be held accountable for their actions and statements. Will the South African Human Rights Commission be able to take up its task and to act in the interests of all South Africans? We very much doubt it.
Statement issued by Jan Bosman, Chief Secretary of the Afrikanerbond, 5 October 2018
