SAHRC calls for calm in the wake of rioting and looting in various areas of KZN and Gauteng
13 July 2021
The South African Human Rights Commission (the SAHRC or the Commission) is growing ever more concerned with the escalation of violent protests leading to major damage and loss of property. Protests against the incarceration of former President Jacob Zuma continue to erupt across South Africa, with numerous reports of looting, damage to property and violence emerging through social and mainstream media throughout the weekend and continuing well into Tuesday, 13 July 2021.
The SAHRC, through its Chairperson, Advocate Bongani Majola, is on behalf the Commission, communicating with the leadership of all major political parties and appealing to and calling upon them to reaffirm their collective support for the rule of law and urge their members and supporters to cease all violent protest action. The SAHRC calls on all political parties, particularly those represented in Parliament, to set aside their political differences and, at the very least, issue strong statements condemning the violence and call for calm amongst all South Africans, including their members.
The Commission recognises the right to peaceful protest as enshrined in section 17 of the Constitution. The Constitution is, however, unambiguous in stating that: “Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.” Violence is the anti-thesis of a constitutional order and we remind our fellow countrymen and women that many have made the ultimate sacrifice to realise such a constitutional order. We also remind those who are engaging in the extensive destruction of property and livelihoods, that we as South Africans have freely adopted the Bill of Rights as our creed. The noble rights encapsulated therein come with equal responsibilities. We are made worthy of our human rights creed by behaving with dignity that each of us expects to be treated with.
The destruction of property, blockages of national roads, rampant looting of economic zones and burning of buildings will have severe implications for our already ailing economy and result in further job losses and exacerbate hunger. Furthermore, the continuing disregard of the COVID-19 protocols remains a concern in view of high levels infections and deaths. We call on those who continue to inflame and indulge in flagrant violence upon persons, livelihoods and property, to desist immediately. We also call upon the SAPS to act decisively against those who continue to flout the Rule of Law and violate the rights we all have to safety and security.
The Commission upholds the rights of everyone to differ and to protest and demonstrate. However, the Constitution directs that such should be done peacefully, which means that differences should be discussed and debated rather than settled through violence. It should be recalled that the judicial process in this matter continues.
Further, the SAHRC re-iterates that there is a constitutional obligation in terms of section 165 of Constitution, for each of us to protect the independence, dignity and effectiveness of the courts and the importance of respecting decisions of the courts.
It is imperative that the decisions of the courts be respected by all within South Africa and that all violent and damaging protest end at once. For the South African constitutional democracy to remain stable, secure and effective, institutions should be able to have their constitutional mandates respected.
Issued by Gushwell Brooks, Communications Co-ordinator, South African Human Rights Commission, 13 July 2021
