These allegations are:
1.    that the decision of the Commission to engage with GOGTA “brings into question the institution’s already tainted independence and credibility.”;
2.    that the SAHRC has a long record of turning a blind eye towards the ANC government’s indiscretions;
3.    that the public and complainants cannot be assured that the SAHRC will be independent due to this collaboration;
4.    that the collaboration raises questions over the independence of the SAHRC and its tarnished credibility for not investigating major human rights violations as result of the ANC government’s cruelty and negligence;
5.    that the SAHRC is choosing to entrench itself in “poor, politically-tainted decision making, rather than seeking justice for those who have been subjected to the ANC government’s poor service delivery for the past 26  years”; and,
6.    that the ill-advised collaboration should be abandoned immediately.
Adv. Breytenbach, MP, is a member of the Portfolio Committee on Justice and Correctional Services of the National Assembly through which the Commission accounts to the National Assembly. She should therefore be very familiar with the enabling legislation that informs the work of the Commission and should then know that the Commission is empowered and required to work with organs of state and advise them in order to advance human rights. She would also have known that the Commission has MOUs with other organs of state including the South African Police Service (SAPS) and regularly meets with government officials in pursuit of its mandate.
As a Member of the Portfolio Committee on Justice and Correctional Services, Honourable Breytenbach, MP, should surely be aware that while section 7(2) of the Constitution obliges the State to respect, protect, promote and fulfill the rights in the Bill of Rights, on the one hand, section 184 of the Constitution also obliges the South African Human Rights Commission to monitor and assess the observance of human rights in South Africa, on the other, and that section 13(1) of the South African Human Rights Commission Act obliges the Commission to make recommendations to and advise organs of states at all levels of government. In our view this is a situation that calls upon organs of state and the Commission to work collaboratively in the promotion and protection of human rights. Working collaboratively does not automatically amount to abandoning one’s mandate and independence. The understanding reached between the Commission and the Minister on 14 July 2020, for the Commission and CoGTA to work together, is not different from current and previous engagements with organs of state which all have a human rights mandate in terms of section 7 of the Constitution. These interactions have not undermined the work of the Commission nor its independence and are rather intended to facilitate its human rights mandate.
The Commission has previously reported to the Portfolio Committee on Justice and Correctional Services, both during the 5th and the 6th Parliaments, that when trying to liaise with many government departments be it at national, provincial and local level, it often experiences difficulties of lack of cooperation.  The Commission brought this challenge to the attention of the Portfolio Committee, considering its oversight role under section 55(2) of the Constitution. The Honourable Breytenbach, being a member of that Portfolio Committee, is therefore aware of the challenge. The Commission would have been encouraged if she had, instead, applauded the fact that yet another national ministry has agreed to a structured and effective engagement with the Commission to assist it in line with section 181(3), to ensure its independence and effectiveness, among others.
The meeting that the Commission held with the Minister and Deputy Minister of GoGTA on Tuesday, 14 July 2020, arose from written concerns that the Commission, had raised with the Minister over some of the Covid 19 Regulations. The key take away from the meeting was an agreement to bolster the communication channels between the Commission and the Ministry of COGTA in order to mitigate human rights concerns, especially against the backdrop of the multiple cases brought against the Department in respect of the Regulations. The communication was to be taken forward between the COGTA Director General and the office of the CEO within the Commission. A structure was to be developed in order to facilitate lines of communication.  
It is in this regard that the allegations made by Adv. Breytenbach are unfortunate, misleading and potentially have the effect of causing interference with, hindering and obstructing the work of the Commission. Her unfounded allegations are clearly intended to portray the Commission in a dim light, as an institution that has departed from its mandate and forsaken its independence and, therefore, that should not be trusted to carry out its mandate.
The Commission regrets that this is not the first time that Honourable Breytenbach has published an unfounded attack on the South African Human Rights Commission. On 31 January 2020, she published a scathing attack on the Commission basing it on pure speculation on what the Commission might or might not have done, when, as a Member of the Portfolio Committee on Justice and Correctional Services, she had the authority to request the facts through her Portfolio Committee, which the Commission would have gladly made available to her. Realising the awkward position that such an attack has put the Commission, since it came from a Member of the Portfolio Committee on  Justice and Correctional Services itself, (a forum that has constitutional authority to hold the Commission to account and to demand answers,) the Commission, instead of responding directly to that unfounded criticisms levelled against it, raised its concerns in writing with the Speaker of the National Assembly and provided her with the facts to demonstrate that these attacks were baseless and asked for her assistance.  
The Commission, at all times, as a learning organization, welcomes well founded, constructive and bona fide criticisms. However, in the circumstances highlighted, these unfounded attacks undermine the independence, impartiality, dignity and effectiveness of the Commission as provided for by section 181 (2) of the Constitution.    
The Commission therefore takes exception to Adv. Breytenbach MP’s conduct in these circumstances as being unfounded, rather unfortunate and without merit.
We place on record that the South African Human Rights Commission remains independent at all times and will do the work that is assigned to it under the Constitution, without fear, favour or prejudice and will engage accordingly with any entity, be it government or the private sector, for purposes of promoting, protecting and monitoring  human rights. Secondly, there is no intention on the part of the Commission to do the work of government or to allow COGTA to do the work that falls under the mandate of the Commission. Our understanding is that the Department desires to facilitate and work with the Commission by being responsive and open, to consider advice / recommendations from the Commission in line with chapter three (3) of the Constitution.
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.