During the month of July 2021, unrest broke out and swept through South Africa, especially in Gauteng and KwaZulu-Natal. At the time, it was understood that the unrest was triggered by the Constitutional Court judgment of 29 June 2021 in which the Court found former President Jacob Zuma guilty of contempt of court and sentenced him to a period of 15 months imprisonment.  

The unrest was characterised by the loss of life, the targeting of retail centres, malls, shops and other businesses, schools as well as transport systems. There are suggestions that the unrest was orchestrated, that there was a high degree of organisation and instigation that led to the unrest and that the authorities ought to have known and adequately prepared to secure the various towns and cities affected.

The impact of the unrest and its associated activities have been devastating for the country’s economy, which has already been significantly affected by the COVID-19 pandemic and further attributed huge financial losses to businesses some of which will not be able to recover, resulting in wide scale job losses. The unrest accordingly exacerbated, amongst other things, inequality between certain communities, unemployment levels, poverty, hunger and food insecurity.

During the unrest, the South African Police Service (“SAPS”) and other law enforcement authorities drew criticism for their alleged lack of preparedness and lack of visibility in the affected areas which reportedly led many communities to taking to the streets to protect their neighbourhoods and businesses. There have been allegations that in certain areas there were incidents of excessive use of force, racial profiling, assaults, arson, and killings. Many of these incidences are reportedly being investigated and processed through the criminal justice system.

Under section 184(2) of the Constitution, the Commission is empowered to investigate and to report on the observance of human rights and to take steps to secure appropriate redress where human rights have been violated. Considering the extent to which human rights were impacted during the events that occured between the 8th and the 19th July 2021 in the provinces of Gauteng and KwaZulu-Natal, the Commission will, in the exercise of its constitutional and statutory mandate, launch a National Investigative Hearing into the July 2021 unrest, the causes of the unrest as well as the impact of the unrest on human rights.  

The hearing will be presided over by the Hearing Panel who will comprise:
•    The Chairperson of the Hearing Panel – Commissioner André Gaum
•    The Deputy Chairperson of the Hearing Panel – Commissioner Chris Nissen
•    Chief Panelist of the Hearing Panel - Commissioner Philile Ntuli
•    External experts co-opted/appointed by the Panel if so required

The Panel will inquire into, make findings, report on and make recommendations and/or directives concerning the following broad and overarching issues for investigation:

•    The causes of the July unrest, with particular focus on Gauteng Province and KwaZulu-Natal Province.
•    The causes of the alleged racially motivated attacks and killings following the unrest.
•    The causes of the apparent lapses in law enforcement by state security agencies, particularly the SAPS and the role of private security companies in the unrest.
•    The social, economic, spatial and political factors prevalent in the various affected areas and the extent to which these played a role in the unrest.

The Commission hereby invites submissions from those who have information that can assist in this investigation. It will accept both written and oral submissions from identified government departments, state entities, business chambers, communities and interested parties for the purposes of the inquiry.

Interested parties who wish to make submissions, may do so:
•    By emailing their submissions to This email address is being protected from spambots. You need JavaScript enabled to view it..
•    Writing to the Gauteng Provincial Office
o    Private Bag x2700
Houghton
2041
•    Writing to the Kwa-Zulu Natal Provincial Office
o    PO Box 1456
Durban
4000
•    Sending a WhatsApp to the Gauteng Provincial Office number:
o    082 059 6520
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.