Speech by the Deputy Minister for Justice and Constitutional Development, Mr AC Nel, on the occasion of the farewell function for the Commissioners of the South African Human Rights Commission

Programme director
Deputy Chief Justice of the Republic of South Africa, Judge Dikgang Moseneke
Vice-Chancellor of the University of South Africa and former Chairperson of the Commission, Dr Barney Pityana
Representatives of the Office of the United Nations’ High Commissioner for Human Rights
Representatives of the National House of Traditional Leaders
Acting Chairperson of the Commission on Gender Equality, Ms Mfanozwele Shozi
Chairperson of the Commission for Cultural, Linguistic and Religious Communities, Reverend Wesley Mabuza
Deputy Chairperson of the Independent Electoral Commission, Ms Thoko Mpumlwana
Chief Executive Office of Legal Aid South Africa, Ms Vidu Videlancar
Chairperson of the South African Human Rights Commission, Mr Jody Kollapen,
Commissioners of the South African Human Rights Commission
The Chief Executive Officer of the South African Human Rights Commission, Advocate Tseliso Thipanyane,
Members of Staff of the South African Human Rights Commission
Officials of the Department of Justice and Constitutional Development
Distinguished guests
Ladies and gentlemen

It is an honour and a privilege to be here today to bid farewell, to the outgoing Chairperson of the South African Human Rights Commission (SAHRC), Mr Jody Kollapen, the Deputy Chairperson, Dr Zonke Majodina, Commissioners Leon Wessels, Tom Manthata and Karthy Govender. The commissioners we are honouring today have played an outstanding role in building the Commission into what it is today and laying an solid foundation for Commissioner Preggs Govender and her soon to be appointed fellow commissioners to continue building on.

As we salute the outgoing commissioners, it is appropriate to reflect on what the Commission has achieved under the joint leadership of these commissioners. The Commission, together with the other chapter nine institutions was established to assist our nation to transform itself from its apartheid past to a new constitutional order based on the respect, promotion and protection of human rights, from an intensely oppressive society into an open and democratic society based on human dignity, equality and freedom.

With its constitutional mandate to promote the protection, development and attainment of human rights and monitor and assess the observance of human rights in the Republic, the Commission was inaugurated on 2 October 1995. We take this opportunity to congratulate the Commission in anticipation on its upcoming 14th birthday.

The commission's mandate is huge taking into consideration that our society was emerging from a culture that was oppressive, secretive and profoundly disrespectful of basic human rights into a human rights based culture in which the human dignity of all, especially the poor and marginalised, is respected.


Since its inauguration in 1995, the Commission has played a meaningful role in our endeavour to ensure the realisation of the values enshrined in our Constitution. The Commission has over the years, under the collective leadership of past and present commissioners, established a reputation amongst human rights activists and members of the public as an active and passionate defender of human rights.

It has also developed an international reputation as an independent institution for the promotion and protection of human rights. We are proud that the Commission currently enjoys an "A" status, which is accorded to human rights institutions that are fully compliant with the Paris Principles on National Human Rights Institutions. Furthermore, the Commission enjoys observer status in the Human Rights Council by virtue of its membership in the International Coordinating Committee of Human Rights Commissions in the Office of the United Nations High Commissioner for Human Rights. The Commission remains a dependable ally of many human rights commissions on our continent who have approached it for assistance.

Through the Commission's work, the poor and marginalised people of our country who did not have the means to access the legal system to exercise their rights have received assistance from the commission. This serves as an important contribution to the deepening of democracy and the achievement of a human rights culture in our country. We must continue to endeavour to fulfil the mandate of the Commission through an increased interaction with the public and our partners in the human rights sector.

The commissioners we are bidding farewell to today have served our country with distinction and fulfilled their mandate with diligence and integrity. They can be proud of the milestones that the commission has traversed during their tenure such as the Inquiry into the Human Rights Violations in the Khomani San Community, Inquiry into Human Rights Violations in Farming Communities, Public Hearings on Housing, Evictions and Repossessions, Public Hearings on School-Based Violence, Public Hearings on Health, just to mention a few. Such inquiries have made an important difference in the lives of the people of our country.

The Commission's recent approach to dealing with issues relating to HIV and AIDS and the promotion of the rights of the elderly and people with disabilities should be lauded. It serves as recognition of the fact that human rights will have more significance when they meaningfully touch the lives of the most vulnerable of our society. Furthermore, we should also recognise the work the Commission is doing in dealing with the complaints that are lodged with it. These interventions serve as evidence of the Commission's commitment to a culture of respect, protection and promotion of human rights.

As you are aware, the Department of Justice and Constitutional Development is required to provide assistance to the Commission in line with the provisions of section 181(3) of the Constitution. In this regard, the department recognises the urgency of amending the Human Rights Commission Act. A draft Human Rights Commission Amendment Bill has already been prepared by the Department and consultations have been held with the Commission.

This Bill is aimed at bringing the Human Rights Commission Act in line with the provisions of the 1996 Constitution. It will further address some of the uncertainties relating to the number of commissioners that need to be appointed to the Commission, the appointment of a Chairperson as well as some of the governance challenges that the Commission has been grappling with in the past years. The inputs received from the Commission are being considered and the amendment Bill will be submitted to Parliament for consideration in the near future.

With regard to the status of the recommendations of the ad hoc committee on the review of the chapter nine and Associated Institutions, I wish to indicate that Cabinet mandated the Ministers of Justice and Constitutional Development and of the Public Service and Administration to investigate the salary structure of office bearers of all chapter nine institutions and to make recommendations in this regard as well as to expedite all outstanding matters regarding the Report of the ad hoc committee on the review of chapter nine institutions. The two departments will be meeting in the near future to map the way forward regarding this instruction.

The President will soon be appointing new commissioners, on the recommendation of the National Assembly. The Portfolio Committee on Justice and Constitutional Development is robustly engaged with the process of interviewing new commissioners and will be making recommendations to the National Assembly. In the meantime, Commissioner Preggs Govender and the Secretariat of the Commission will be carrying out the duties of the Commission.

Chairperson, Commissioners, as you move to your new endeavours, on behalf of the Government of the Republic of South Africa, we acknowledge the indelible mark you have made in inculcating a human rights culture in the country. Although there are still challenges facing our country in entrenching the culture of respect for and attainment of human rights, great strides have been made through your contributions.

We appreciate the sacrifices you made in ensuring that the rights entrenched in our Constitution do not remain beyond the reach of our people, particularly the poor and marginalised members of our society. With your experience and exceptional skills, you could have easily chosen more lucrative positions but you chose to become part of the Commission and serve as guardians of human rights. We appreciate and thank you for so willingly heeding the call to serve the people of South Africa.

We wish you well in your new endeavours.

I thank you.

Issued by: Department of Justice and Constitutional Development
17 September 2009
Source: Department of Justice and Constitutional Development (http://www.justice.gov.za/)


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