The SAHRC is aware that that the Department plays a critical role in respect of mental health care users (“MHCU”), including children.  The Commission is of the view that information from the Department was necessary for its probe into the status of mental health care in the country. A number of organisations and public bodies were identified prior to the hearing and were requested to make submissions to the Commission.

During the National Hearing, certain presentations indicated that submissions by the Department were indeed necessary for the Commission to consider effective protections for the rights of mental health care users who came within the DSD’s jurisdiction. This made it critical for the SAHRC to hear from the Department of Social Development.  

In addition, the Commission is of the view of the fact that the DSD comes across many MHCUs, therefore relevant information from the Department is vital.  Consequently, the SAHRC contacted the Department telephonically and in writing after the hearing to request information.  However, the Department has failed to cooperate or respond.

On 7 February 2018, a delegation from the SAHRC visited the offices of the Minister of Social Development in Cape Town and later forwarded correspondence relating to the matter to the DSD.  The DSD acknowledged receipt of the correspondence but has to date not provided the SAHRC with the information requested.  

Organs of state, including National Departments, have a constitutional and statutory obligation to co-operate with the South African Human Rights Commission as per Section 4. 2 of the South African Human Rights Commission Act (2013), among other provisions.

The subpoena to the Honourable Minister of Social Development, Ms Bathabile Dlamini, was served on Friday, 23 February 2018.   

Ends

Issued by the South African Human Rights Commission

Gail Smith – Spokesperson Tel: 060 988 3792 This email address is being protected from spambots. You need JavaScript enabled to view it.
Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.