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Q&A with SAHRC Chair Chris Nissen


24 Mar 2024

Chris Barron asked South African Human Rights Commission HRC chair CHRIS NISSEN... We have the best human rights in the world on paper, don't we? Of course. The world admires our bill of human rights, and chapter nine of the constitution gives the mandate to the HRC to fulfil it. So why are people still being denied the most fundamental of these rights, the right to clean water? While we have the bill of rights it is those who have to implement it who are failing. Why hasn't the HRC held them to account? We've been fighting for the political will to implement the bill of rights. Why have there been no consequences for not implementing the right to clean water? This is a problem that we have. I want to admit we have not been forthright in this. It's only now.
I signed off last week for municipal managers to be arrested for failing to adhere to our recommendations and directives. I was at the Supreme Court of Appeal last week because a court said our recommendations are not binding, when we're fighting for people to get access to water. It's your constitutional mandate, isn't it? That's why I have asked the president to protect Chapter 9v institutions. We're relegated by court decisions to being an NGO, which we are not. Would you agree you're being used as a fig leaf to give the impression we're serious about human rights? I would partly agree with that, but there are many women and men in this organisation who fight every day ... Aren't you saying you're not getting the support and protection to carry out your constitutional mandate? No, we do have that. What I'm saying is we're fighting on a daily basis ... Why are people in rural areas still getting their water from rivers? In the Eastern Cape there's a dam costing millions but people are still drinking from the river with cattle. I ask the mayors what consequence management is here. No infrastructure, no engineers, no treatment plant, nothing. Just a dam. What are you doing about it? We're engaging from our Eastern Cape office on these matters. Why has the HRC allowed authorities to get away with this for so long? I'm three months in this position. I've been there before. I've fought for the commission to be much more I don't want to use the word "aggressive" but much more engaged with the authorities in holding them accountable. In our act it says the HRC should engage with every state department annually to say what are they doing with regard to the violation of human rights such as the right to water. Clearly, this has not been happening. This has not been happening. Is this why the department of basic education has been allowed to string the HRC along for years while schoolchildren drown in pit toilets? Yes, that's one issue. The act also says that government departments are obliged to cooperate with the HRC. Can you do anything if they don't, and why haven't you? As the HRC we have not exercised the powers that we have. Now, when we decide to, the courts are telling us our directives are not binding.

Source: Sunday Times

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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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