North West Provincial Office (NWPO) operating from 25 Heystek Street, Rustenburg.
Introduction:
The South African Human Rights Commission (Commission) is a State Institution established under section 181 of the Constitution of the Republic of South Africa, 1996 (Constitution). The Commission’s functions and powers are provided for in section 184 of the Constitution and the South African Human Rights Commission Act 40 of 2013 (HRA).
The NWPO is the Provincial Office of the Commission and it serves the entire North West Province which has a population of about 3.4 million people and is predominantly rural. The Commission’s NWPO is therefore the constitutional human rights “watchdog” in the North West Province inclusive of the district municipalities, local municipalities, towns, villages, townships and informal settlements.
The focus areas of the NWPO are:
Legal Services which is driven by the Provincial Legal Services Unit (LSU). The Provincial LSU comprises of a Senior Legal Officer, a Legal Officer and an Intake Officer. The LSU is mainly about complaints handling including but not limited to investigations, drafting investigative reports, conducting mediations and litigating in Equality Courts in terms of The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA). The LSU is therefore empowered by Sections 184(2)(a) & (b) of the Constitution, PEPUDA,
HRA and the Commission’s Complaints Handling Procedures;
Research: Headed by the Provincial HURAP & Research Officer and is focused on conducted in terms of Section 184(2)(c ) of the Constitution; and
Advocacy: Headed by the Provincial HURAP & Research Officer and its focus is human rights education as provided for in Section 184(2)(d) of the Constitution.
Human rights are personal and should be enjoyed in both the private and public spheres – in homes, schools, churches and workplaces. Therefore the NWPO has jurisdiction in human rights issues in the private and public spheres.
Human rights issues are hugely varied and at times complex subject therefore the stakeholders of the NWPO are also diverse and include ordinary residents of the North West Province, traditional leaders and councils, government departments, NGO’s etc.
NWPO strives to have meaningful collaborative relationships with all its stakeholders without compromising its impartiality.
Nature of Complaints Addressed by this Provincial Office
We will use existing data and graphs to complete this section
Achievements
LSU:
Drafted investigative reports with findings and recommendations. Examples of which include, but are not limited to:
A matter where a learner was excluded from participating in school sports activity only because of her race;
A matter where two learners, in a school during school hours, were forced to eat human faeces on allegations that they had relieved themselves in an unauthorised site.
Litigation:
A complainant was called a “bobejaan” which the Commission assessed to be hate speech and successfully litigated, on behalf of the complainant, in terms of PEPUDA.
Mediation:
A Traditional Kgosana had uttered discriminatory epithets to the complainant. The parties reached a settlement with the assistance of the NWPO.
A retail store was searching black women’s personal handbags when they exited the store. Amicable settlement was reached between the parties and the retail store agreed to align its policies with the provisions of Chapter 2 of the Constitution.
Research:
Conducted research into the workings and effectiveness of equality courts and whether the State was delivering on its responsibilities to assist in the attainment of children’s right to basic education.
Advocacy:
Educated and continue to educate residents of the North West Province, including farmworkers and farm dwellers, university students and community members, about human rights, human rights violations and how and when to seek assistance from the Commission during instances of human rights violations.
Continue to conduct radio interviews aimed and spreading human rights advocacy throughout the North West Province.
Provincial Manager:
Ms Mpho Boikanyo
Acting Provincial Manager – NWPO
(014)4520694