The actions depicted in the footage is a clear violation of the right to human dignity, the right to freedom and security of the person – particularly the right not to be subjected to  be treated or punished in a cruel, inhuman or degrading way amongst numerous other human rights violations. There was recklessness among the officials about whether the victim would be humiliated and his dignity violated. This action does not belong to the democratic South Africa.

The Commission thus urges the City of Cape Town and all other State organs at National, Provincial and Local level to act decisively against those in their employ who violate the human rights of the people they deal with – particularly non-derogable rights such as the right to human dignity.

The Commission understands that the land in question belongs to the City of Cape Town and the Commission has on numerous occasions warned against and called for communities - despite their desperation to secure housing – to refrain from unlawful land invasions. Similarly, the Commission re-iterates that evictions, demolitions and the removal of people from land needs to be conducted within the limits of human rights as set out in Chapter Two of the Constitution, the law and human decency.

While the City of Cape Town has immediately given public assurance that the matter will be investigated, followed by the taking of appropriate action, a thorough investigation and firm action is called for by the circumstances of this case should the investigation determine that there was guilt, on the part of those involved. The Commission urges all persons exercising state power to adhere to section 7 of the Bill of Rights which states that: “The state must respect, protect, promote and fulfil the rights in the Bill of Rights”.

The Commission has previously and once again calls upon officials acting on behalf of the State, such as members of police services, the military and other stakeholders, to respect the human rights of the people they interact with, even under confrontational circumstances.

The freedom, equality and dignity that serves as the cornerstone upon which we build a culture of human rights within the constitutional democracy that is South Africa, has no place for scenes reminiscent of the dark past where no regard for human dignity, equality and freedom persisted. We cannot and should not repeat the sins of the past.

Ends

Issued by the South African Human Rights Commission

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