Address by the Hon Andries Nel, MP, Deputy Minister of Justice and Constitutional Development at the 30th Anniversary Celebration of the South African Human Rights Commission (SAHRC) at the NH Hotel Sandton
Programme Director, Chairperson and former Chairpersons of the SAHRC, fellow Commissioners, Justice Kollapen, Chairperson of the Commission on Gender Equality, Chairperson of the Information Regulator, members of other Chapter 9 institutions, Members of Parliament, international partners, civil society, academia, staff or the Commission, distinguished guests.
This morning while I was walking, I passed three security guards engaged in animated discussion. One proclaimed confidently that at work: “Chris, (I am sure not the Chairperson of the SAHRC) tried to threaten me, but I know my rights. I told him: My man, I understand my rights.”
The confidence of this assertion is due in no small measure to the committed, consistent, and courageous work of the South African Human Rights Commission over the past thirty years since its establishment on 2 October 1995 – which, happily, happens to be my birthday as well.
In lieu of singing Happy Birthday, I invite us all to rise — physically or in spirit— and to recite the Preamble to our Constitution:
“We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to—
Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel’ iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.”
The Preamble remains our nation’s moral compass and covenant of hope: to heal the divisions of the past and to establish a society founded on democratic values, social justice and fundamental human rights.
The SAHRC has been at the institutional heart of this national mission.
Speaking at the Workshop for Human Rights Education in Africa on 21 September 1994 President Nelson Mandela said:
“We regard Human Rights as a condition for the full personal, political and economic development of the people of our continent many of whom, even as we speak, endure the ravages of poverty, war and disease.
We conceive of Human Rights in the fullest sense - economic and political rights.
We do not believe in elevating political and civil rights above economic rights, or vice versa.
In accordance with the approach adopted by the United Nations we believe that they are interlinked.
Human beings will never be free if they have no bread, nor will they be satisfied with bread if they are not free.
Those Governments that have stressed the primacy of economic rights at the expense of political and civil rights have managed, in the end, to deliver neither.
Those that have ignored economic rights have failed to build lasting democracies.
For our part we have enshrined all the universally accepted political and civil rights and some of the economic and cultural rights in our interim Constitution.
Our vision of bringing prosperity to all, has been placed at the heart of the Reconstruction and Development programme of the Government of National Unity.
We regard both these elements - a rights-based political democracy as well as economic reconstruction and development - as essential conditions for the consolidation and further development of our young democracy.
Although the fundamental rights in our Constitution will be amended by the Constitutional Assembly, the Constitutional Principles which provide the framework for its decisions, prescribe that universally accepted Human Rights must be included in any future Constitution.
My own party proposed the adoption of a Bill of Rights as far back as 1924, again in 1944, and again in 1955 in the Freedom Charter.
This was long before Human Rights became fashionable. I say this because there are, inevitably, suspicions that those who govern have only an expedient or opportunistic attitude to the observance of these rights.
To be sure there will be contests between state and citizens, heated contests, as to the nature, boundaries, and justifiable limitations on fundamental Human Rights.
These will arise when rights are in conflict with each other, or with the implementation of a mandate given to the Government by the People.
This should be interpreted as the flourishing of democracy and a critical contribution to the evolution of our "Constitutional State".
It should not be interpreted as a wavering of our commitment.”
For three decades the South African Human Rights Commission has been more than a watchdog.
It has been an institutional expression of that commitment: a conscience, a catalyst, and a companion to our Constitution – helping to transform rights from paper into daily realities.
Its investigations—spanning from racial discrimination, service denial, to violence in schools—have made human dignity tangible.
Its amicus curiae interventions in landmark cases have deepened our jurisprudence and defined constitutional culture.
The Commission has shown that to defend human rights is to defend democracy itself.
A genuine human-rights culture is one where dignity, equality and freedom shape how we govern, work and relate to each other.
South Africa’s history makes this imperative—not optional.
When rights become part of everyday practice, the vision of the Preamble becomes lived experience.
From its inception the SAHRC has been our sentinel—probing violations wherever they arise and holding power to account.
Its work has anchored public confidence in the Constitution and affirmed that accountability is not hostility to the state, but loyalty to the people.
The Commission’s courage has given voice to the voiceless:
- Farm workers, whose plight the SAHRC exposed through investigations into wage disputes and evictions.
- Communities denied basic services, where it asserted socio-economic rights.
- Migrant and xenophobia victims, where it reminded us that ubuntu knows no borders.
- Children and learners, for whom it secured inclusive education and anti-racism policy reforms.
- LGBTQIA+ persons, whose rights it defended by clarifying the boundaries of hate speech and equality.
Its investigative report on the July 2021 unrest stands as a landmark in truth-telling and accountability—documenting how racialised violence and governance failures undermined public trust and offering concrete reforms to prevent recurrence.
These cases are not statistics; they are stories of courage and a Commission that dared to listen, and to act.
The SAHRC has never shrunk from speaking truth to power.
In the Life Esidimeni tragedy, it helped expose systemic neglect in mental-health care and monitors the implementation of its remedial recommendations.
During the COVID-19 lockdown, it documented abuses by law-enforcement officials, ensuring that emergency powers did not eclipse human rights.
Its work strengthened oversight and prevented further harm.
Such interventions prove that the Commission is not only a mirror of our failings, but a mechanism for renewal.
Beyond investigation, the Commission is a teacher.
Through school programmes, public campaigns and the National Schools Moot Court Competition, it has brought constitutional values to life.
Generations of learners now speak the language of rights as naturally as they speak their mother tongues.
It has helped normalize human rights as the grammar of our public life.
Perhaps the Commission’s greatest achievement is that we now speak of dignity, equality and justice not just in courtrooms, but in classrooms and community halls.
This normalisation signals a maturing democracy.
The Commission’s adherence to the Paris Principles affirms its global stature.
Its contributions—from the Caster Semenya case to UN treaty reporting—have positioned South Africa as a leader in human rights practice.
It reminds the world that constitutionalism and justice remain our North Star.
But we meet in an era of unsettling contradictions.
Across the world populism, disinformation and authoritarian nationalism are eroding faith in democracy.
The Ipsos Halifax Security Forum survey (2024) found that 76% of people globally see disinformation as a major threat and over 70% fear violent conflict or cyber-attack
Closer to home, the Ipsos “South Africans Uphold Human Rights” report (2025) reveals a striking paradox: despite economic pressures and political fatigue, eight in ten South Africans say they still believe in universal human rights and the rule of law—one of the highest endorsements globally.
South Africans are deeply committed to fairness and freedom of speech, yet many express concern that rights must be balanced with responsibility.
The Ipsos findings underscore that citizens expect accountability from both government and private actors and that trust is rebuilt when human rights translate into daily justice.
This should embolden us: the moral centre of our society has not collapsed.
South Africans still believe in the promise of our Constitution, even when they doubt institutions that must deliver it.
The SAHRC’s role in bridging that trust gap has never been more vital.
We must acknowledge the storm clouds: polarisation, misinformation, economic inequality and the temptation of anti-constitutional shortcuts.
The AXA–Ipsos Future Risks Report (2025) warns of a world fragmented by distrust and populism.
The latest Afrobarometer survey – released on 21 October 2025 - reveals a South African populace exhibiting profound democratic disillusionment.
While support for democracy as a preferable form of government has recovered to 49% from a historic low of 40% in 2021, this still means that fewer than half of citizens affirmatively support it.
This sentiment is coupled with a startling and unprecedented shift in attitudes toward military rule; for the first time in over 25 years of surveying, more South Africans approve (49%) of the army governing the country than disapprove (42%), representing a dramatic 21-point surge in support since 2022.
This erosion of democratic commitment is directly linked to deep-seated public dissatisfaction with the current system's performance.
Unemployment is the dominant concern, identified by 55% of citizens this is followed by crime and security (35%), water supply (31%), infrastructure and roads (28%), and corruption (21%).
These signals demand renewed vigilance and united action.
Against this backdrop, the SAHRC must remain our beacon—guarding rights in a world where truth itself is contested. Its independence and credibility are public goods that must be protected as jealously as our Constitution.
To equip the Commission for the next 30 years we must pay attention to the following five matters:
- Resourcing and reach – We must ensure adequate funding and expand partnerships with Community Advice Offices so that human rights become tangible in rural and marginalised communities.
- Private-sector accountability – We must extend the Commission’s focus to corporate violations of rights, including environmental and labour rights.
- International collaboration – We must deepen links with peer institutions to share expertise and advance continental solidarity.
- Institutional powers – We must consider whether the SAHRC should have binding directive authority similar to the Public Protector.
- Responsiveness and awareness – We must ensure that all state organs and private entities act on the Commission’s recommendations and that everyone fully understand its mandate.
These steps would fortify the SAHRC as a shield for rights and a bridge between people and power.
As we approach the 30th anniversary of our Constitution in 2026, we are called to renew its promise to “improve the quality of life of all citizens and free the potential of each person.”
This moment must not just commemorative; it mut be transformative.
Let us popularise the Constitution in schools, townships and workplaces.
Let us translate rights into food security, gender justice and social equality.
Let us re-ignite a national conversation on what it means to live our rights daily.
As the Ipsos survey reminds us, South Africans still believe in the universality of human rights even in times of turbulence.
That belief is one of our nation’s greatest assets.
The task before us is to convert belief into practice—so that every child, worker, and elder can feel the protection of the Constitution in their daily lives.
To the Commissioners and staff—past and present—who have carried this torch for three decades: thank you.
You have not only defended democracy; you have helped to defined it.
May the next 30 years be marked by deeper justice, broader inclusion and unwavering hope.
I thank you.
#GovZAUpdates
