Widespread crime, escalating unemployment, and inadequate and poor service delivery—particularly in terms of housing and clean water—continue to plague the nation. Moreover, issues such as Gender-Based Violence and Femicide (GBVF) and persistent racism in educational institutions and farming communities are disproportionately affecting impoverished and vulnerable populations. As the year draws to a close, the Commission spotlights several critical human rights issues of concern in 2024, alongside the steps being taken to address them.
Mining challenges - Operation Vala Umgodi
The Commission remains actively engaged in probing the complexities surrounding “Operation Vala Umgodi,” which involves a disused mine shaft located in Stilfontein, North West Province. This investigation entails conducting thorough site visits, liaising with the South African Police Service (SAPS), and engaging in dialogue with local community members. The Commission firmly believes that in situations where individuals are believed to be trapped in disused mines or participating in perilous activities, it is imperative to implement measures that prioritise the preservation of lives. This approach must also uphold the rule of law without endangering the lives of SAPS personnel or the community at large. While the Commission is not involved in the legal proceedings, it commends the tireless efforts of non-governmental organizations (NGOs) and other stakeholders who are working to safeguard lives. Additionally, the Commission has noted other disturbing incidents linked to abandoned mines, such as structural damage to homes and increased crime rates, and plans to communicate its systematic approach to these challenges shortly.
Food-borne illnessesThe Commission is profoundly saddened by the tragic events associated with food-borne illnesses, which have devastated families with the untimely loss of young lives and have led to the hospitalisation of numerous individuals. The Commission views these events, root causes as human rights violations affecting the rights of children, rights to life and access to food. To date, the Commission has convened discussions with key stakeholders, including the Provincial Commissioners of the SAPS from Gauteng and KwaZulu-Natal, the Minister of Health, Dr. Aaron Motsoaledi, and the National Consumer Commission to discuss the reported cases of foodborne illnesses and related deaths. The Commission will continue monitoring the situation and engaging various state actors to ensure the implementation of measures that adequately address this issue. Moreover, the Commission will work to hold accountable those who neglect their constitutional duty to protect citizens from consuming unsafe food. The Commission is set to launch a comprehensive national investigation into food safety practices and the prevalence of food-borne illnesses throughout South Africa.
Defunding/Underfunding on provision of social welfare services
A collaborative monitoring initiative by the SAHRC and the Commission for Gender Equality (CGE) has unveiled persistent funding challenges that severely hinder the promotion and protection of human rights, as enshrined in the Constitution. These ongoing financial difficulties have rendered many NGOs incapable of effectively addressing the needs of vulnerable communities. Initial findings indicate a particularly grim situation in Gauteng and the Free State, where NGOs are grappling with severe underfunding and defunding issues. Despite Gauteng's Department of Social Development (DSD) boasting the highest provincial social development budget of R1 billion, it is bracing for significant budget cuts amounting to R70 million annually in the years to come. While adherence to municipal regulations and sector funding policies has been cited as contributing factors, there are compelling concerns regarding the Department's commitment to the principles of administrative justice, particularly in regards to funding reductions. This underscores an urgent need for improved transparency and accountability.
Equality Courts
The Commission has undertaken a comprehensive monitoring initiative of designated Equality Courts in some provinces, including the Northern Cape, Limpopo, and Mpumalanga. Notable issues such as inadequate record-keeping and the absence of official registers for Equality Court matters have been highlighted. Furthermore, insufficient signage both inside and outside the courts, the allocation of Equality Court personnel to unrelated matters, limited accessibility for individuals with disabilities, and a lack of designated office space for handling Equality Court cases have all been documented. Court Managers have been encouraged to utilize the SAHRC's resources more effectively. As mandated by the SAHRC Act and the Promotion of Equality and Prevention of Unfair Discrimination Act, the Commission is committed to ensure that Equality Courts function efficiently and effectively.
Retirement Villages
The Commission has been actively monitoring Older Persons Retirement Villages and Homes. Many of these facilities, originally established in the 1980s to accommodate older pensioners, have transitioned into private rental housing operations, often neglecting critical services like water without any charge, and failing to facilitate applications from black individuals. The monitoring revealed alarming conditions, such as an unregistered old age home where one elderly resident tragically lost their life due to the actions of other residents. There was also the troubling discovery of older persons being mixed with individuals with disabilities, without compliance with the Older Persons Act or relevant regulations, and a troubling absence of adherence to safety and care standards. The Commission remains vigilant in addressing these stark conditions and emphasizes the importance of educating older adults while demanding accountability from these facilities. Feedback regarding these distressing findings has been conveyed to the Members of the Executive Council (MECs) of the Department of Social Development in North West, KwaZulu-Natal, and the Northern Cape for urgent corrective action.
Challenges in Farming Communities
The Commission’s Limpopo Provincial Office has received many cases of human rights violations related to farming incidents in the past years. Most of these incidents were allegations of abuse of farm workers, evictions of farmer dwellers without following the correct procedures, racial slurs, and assault of farmworkers by farm owners. Some of these complaints were investigated, taken to court, and proven true; some were rejected because of lack of evidence.
The SAHRC had been concerned with the impact of these incidents on social harmony and nation-building in the Limpopo Province and nationally. It also widened the gap between blacks and whites, which was created during the apartheid regime, which South Africa is still struggling to close 30 years after the end of apartheid. It is also concerning that these incidents seem to be growing despite the condemnation from all South Africans (Black and Whites)
In a significant gathering aimed at fostering social harmony, safety, and nation-building, the Commission convened an Indaba from November 26 to 28, 2024, focusing on the pressing issues faced by farming communities in Limpopo. The Commission is hopeful that the forthcoming report and its recommendations will provide meaningful guidance in addressing the underlying causes of these challenges.
Service delivery challenges
Across various communities in South Africa, residents continue to struggle with substantial obstacles in accessing essential basic services. This year, the SAHRC took significant steps by releasing several reports addressing critical service delivery failures in the country. Notably, an inquiry into service delivery at local government level in the Free State Province, which found that many municipalities are neglecting their fundamental responsibilities to deliver necessary services to their constituents.
In another concerning finding, the Commission’s report on the investigation on the incomplete RDP houses in the North West Province found that the North West Department of Human Settlements (NWDHS) has failed to fulfil its mandate to provide access to houses in the province. Furthermore, the Commission released a comprehensive report on the state of roads infrastructure in the Eastern Cape. This investigation aimed to confront longstanding issues surrounding the province’s road network, shedding light on the historical neglect and the relentless challenges faced by communities as a result of deteriorating road conditions.
On a positive note, the SAHRC welcomed the proactive response from the eThekwini Metro, which has enlisted retired engineers to help tackle the ongoing water crisis. This initiative aligns with several key recommendations made by the SAHRC during its Experts Town Hall Meeting.
In a landmark judgment delivered on December 17, 2024, the Makhanda High Court affirmed the Commission's position that scholar transport is not just a convenience but a necessary and integral component of the right to education. Acting as amicus curiae, the SAHRC played a vital role in offering expert insights and advocating for the protection of this essential right, particularly for the most vulnerable communities facing systemic human rights violations.
End-of-year message from SAHRC Chair Chris Nissen
The SAHRC has taken a recess from Friday, December 20, 2024, until Monday, January 6, 2025. Despite this break, the Commission has established protocols to ensure that urgent and critical issues will receive immediate attention.
In this festive season, the Commission extends its warmest wishes for a restful holiday and a prosperous New Year in 2025. Importantly, we implore all road users to exercise caution and patience as the roads become increasingly crowded during this time.
It is crucial to adhere to traffic regulations, buckle up for safety, and maintain a safe distance between vehicles. Additionally, we emphasize the importance of refraining from driving under the influence of substances to prevent accidents and lifetime regrets.
Finally, we would like to express our heartfelt gratitude to the South African Police Service (SAPS) and various law enforcement and other essential services for their increased deployment of officers and officials throughout the festive season and for the various targeted operations. The Commission supports the diligent efforts of all law enforcement, security and emergency officials and extend our wishes for a safe and peaceful holiday season as they continue their invaluable work.
We wish everyone a prosperous New Year!
Chairperson Chris Nissen
ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION
For further information or inquiries, please contact Given Makhuvele on 082 773 4428 or This email address is being protected from spambots. You need JavaScript enabled to view it..