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Media Statement: SAHRC to Launch a National Investigative Hearing Into the July 2021 Unrest in Kwa-Zulu Natal and Gauteng

6 August 2021

ATT: Editors and Reporters

The South African Human Rights Commission (the SAHRC or the Commission), has resolved to probe the unrest which occurred in KZN and Gauteng during July 2021, following its unequivocal condemnation of the violence and unlawful conduct which ensued during the unrest. The SAHRC reiterates State responsibility in terms of Section 7 of the Constitution to “respect, promote and fulfil” all the rights in the Bill of Rights of the Constitution. These rights include – but are not limited to - equality, human dignity, freedom and security of the person, freedom of movement and residence, freedom of trade, occupation and profession, and various socio-economic rights such as housing, health care, food, water, and education.

Shortly after the unrest, the Commission hosted an Imbizo on the 23rd July 2021 to consult with the public as part of its effort to understand and respond to the unrest, and subsequent human rights impacts arising from the unrest. In this regard, the Commission has also taken note of tensions that ensued within and between affected communities.

The tragic loss of many lives, incidents of looting, destruction of public and private property, and loss of billions of Rands to South Africa’s economy, severely undermines the resolve for South Africans to live in peace, harmony, without fear and want. The events have also threatened fragile relations between communities. These incidents of unrest have in turn raised numerous questions and concerns about the State’s ability to protect the public from harm as well as the State’s ability to alleviate poverty which is understood to be a factor that fueled the unrest.

The action of those who participated in the unrest is in flagrant violation of the law, a sentiment shared widely and at the July Imbizo. The Commission deems it necessary in terms of its mandate, to investigate and to take steps to secure appropriate redress with a view to preventing such a recurrence in the future and in the interests of victims. The impact of the unrest severely undermined the rule of law upon which the promotion and protection of human rights rests and threatened the stability of our constitutional democracy, which the Commission has a constitutional mandate to strengthen.  

The SAHRC has resolved to launch a National Investigative Hearing to address some of the concerns emerging from the July Imbizo. Findings of the National Investigative Hearing will inform the Commission’s recommendations and directives. Among the issues and concerns the Commission will probe through the investigation include:

·    The role and effectiveness of enforcement by the State – particularly the South African Police Service (SAPS) and the Security cluster as whole - in preventing and maintaining public order, including through the provision of adequate protection for the safety and security of the public and their property.
·    The underlying reasons which have contributed to the unrest, looting and violence.
·    Recommendations for the short, medium and long term measures to be adopted by relevant stakeholders and the State to address the resultant human rights violations and prevent a recurrence of future unrest, including better public order policing.


The SAHRC is continuing efforts to monitor affected areas, and to promote social cohesion efforts with a view to restoring peace and stability. In this regard, the Commission remains particularly concerned for vulnerable groups such as children and the role of misinformation can play in diluting efforts to restore peace and stability. Every effort should therefore be made for timely responses to address the consequent impacts of poverty, fear, anxiety and lack of basic services to restore and promote respect for a culture of human rights. In addition, the SAHRC calls for vigilance in order that stability is not again threatened. The SAHRC commends human rights defenders who are working tirelessly to restore rights and peace.

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.

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The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

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