DA give KZN SAHRC November ultimatum to fulfil their mandate - or face further action

31 October 2022

The DA in KwaZulu-Natal has today handed over a Memorandum of Demands (view here) to the South African Human Rights Commission (SAHRC), giving the organisation just over two weeks to respond to the crises facing the province.

The first of these issues relates to the plight of thousands of flood victims, who have been abandoned under appalling conditions at mass care centres in eThekwini. The second relates to the current severe water and sanitation issues being experienced within the municipality, which are having a dire effect on residents.

The DA’s Memorandum comes after the Commissions failure to respond to our formal complaint in July regarding these matters. It also comes as a result of the SAHRC’s continued disregard for our requests to engage.

As a result of the lack of urgency that exists, the DA has been left with no option but to take its grievances to the SAHRC with the following demands outlined within the Memorandum;

- That the SAHRC provide the DA with an action plan regarding steps they are taking to investigate and protect flood victims living in halls and uncertain or temporary shelters
- That the SAHRC provide the DA with measures being taken to engage with local, provincial and national government regarding infrastructure collapse and citizens’ rights to access Section 27 of the Human Rights Bill in terms of health care, food, water and social security
- What the SAHRC intends to do to mitigate these violations and
- That the SAHRC make a public announcement to KZN’s citizens outlining resolutions going forward.

The DA has given the Commission until 18 November to respond. In the event that the organisation fails to do so, the DA will be let with no alternative to approach the Public Protector and/or the Constitutional Court in a bid to force some kind of action.

The SAHRC’s role when it comes to the ongoing plight of flood victims and the water and sanitation crisis leaves much to be desired.

The fact that the Commission is doing everything in its power not to work with and engage with the DA on two such serious humanitarian issues points to the capture of this organisation.

As the custodian of the human rights of KZN’s people, the SAHRC can no longer turn a blind eye to the suffering that is all around them. As the province’s only real opposition, the DA will ensure that the province’s people are heard.

Issued by Francois Rodgers, Leader of the DA in the KZN Legislature/DA KZN Provincial Leader, 31 October 2022