While it is encouraging to see communities exercising their constitutional rights to demonstrate, to picket and present petitions, the level of violence, obstruction of freedom of movement and scale of destruction of property accompanying those activities in Mahikeng, is cause for great concern.
The protestors have the right and should be encouraged to demand service delivery as a way to promote the realisation, observance and protection of their rights as set out in the Bill of Rights. In our history, protests have been part of the public’s right to express objections to existing policy decisions and resource distribution patterns.
The Members of the Public have the right of access to various socio-economic rights such as housing, water, health care, social security and others. But it is counterproductive when they destroy some of the services and infrastructure that have been delivered. Doing so sets back the development agenda in that some of the already overstretched resources earmarked for more service delivery, have to be used to replace the destroyed infrastructure.
It is concerning that the manner in which the rights to assemble, demonstrate, picket and petition are exercised is in itself a violation of Section 17 of the Constitution which requires that the exercise of the right must be peaceful and not pose harm to persons or property. The South African Human Rights Commission, therefore, condemns the destruction of property and violence that characterize the Mahikeng protests.
We call on the government to expedite efforts to resolve both the social and political impasse that has led to the protests. The Commission further calls on the law enforcement agencies to ensure law and order is maintained, however, maximum restraint must be exercised and the police must ensure that police action is within the ambit of the law.
Perhaps the time has come for the Commission, when discharging its mandate and complying with Section 184(3) obligations to demand that provincial and local governemnts share their plans, budgets and related expenditures with the Commission on an ongoing basis.
Enquiries:
Gushwell Brooks (Communications Co-ordinator)
Cell: 082 645 8573
E-mail: gbrooks@sahrc.org.za
