South African Human Rights Commission Vacancies Nominee

South African Human Rights Commission Vacancies

Nominee and Application List

1. Professor Firoz Cachalia 2. Ms Zibuyile Beryl Penny Cele 3. Mr ShybeChalklen 4. Ms Ramadimetja Chokoe 5. Ms Undere Deglon 6. Mr Sicelo Emmanuel Dlamini 7. Mr Mervin Dowries 8. Professor Mary Galvin 9. Mrs Adelle Gascoyne 10. Advocate Andre Hurtley Gaum 11. Mr Kisten Govender 12. Ms Leanne Govindsamy 13. Ms Shirley Gunn 14. Ms Janine Louise Hicks 15. Dr Charles Ndaba Hlatshwayo 16. Professor Vinodh Jaichand 17. Ms Devikarani Priscilla Sewpal Jana 18. Ms Zelna Moira Jansen 19. Dr Marjorie Jobson 20. Mr Gert Jacobus Jonker 21. Ms Corlett Letlojane 22. Ms Ndileka EumeraPortia Loyilane 23. Ms Nelisa Lujabe 24. Mrs Nogolide Macingwane 25. Mr Tshepo Madlingozi 26. Advocate Fezeka Magano 27. Mr Ashraf Mahomed 28. Advocate Khavhareni Arrone Mahumani 29. Professor Bongani Christopher Majola 30. Ms Mathlodi Angelina Makwetla

31. Advocate Bokankatla Joseph Malatji 32. Advocate Sipho Gideon Mantula 33. Mr Jongizizwe MosesMayekiso 34. Dr Loyiso Msizi Mbabane 35. Ms Bulelwa Tryphina Mbolekwa 36. Mr Sifiso Talent Mbuyisa 37. Professor Bonita Meyersfield 38. Ms Nomasonto Geraldine Mofokeng 39. Ms Lindiwe Mokate 40. Mr Eric Malesela Mokonyama 41. Advocate Matolwane Ignatius Mokotjo 42. Ms Pathmavathi Moodley 43. Mr Mlungisi Lungi Mtshali 44. Advocate Mabedle Lourence Mushwana 45. Ms Bernedette Muthien 46. Mr Hartley Sandy Ngoato 47. Mr Chris Nissen 48. Mr Sisa Njikelana 49. Mr Jeffrey Nkuna 50. Professor Nomthandazo Patience Ntlama 51. Mr Nkosikhule Xhawulengweni Nyembezi 52. Ms Clara Phumelele Nzimande 53. Ms Sungaree Pather 54. Mr Elroy Paulus 55. Dr Moses Retselisitsoe Phooko 56. Mr Lulama Andiswa Potwana 57. Mr Anandroy Ramdaw 58. Ms Sasha Sharmila Ramgobin 59. Ms Ntibidi Mathildah Rampete 60. Advocate Rehana Rawat 61. Advocate Adrie Reinecke 62. Advocate Shireen Said

63. Ms Seeham Samaai 64. Mr Dizline Mfanozelwe Shozi 65. Mr Jonas Ben Sibanyoni 66. Advocate Alan Mark Small 67. Mr Ryan Smit 68. Professor David Taylor 69. Advocate Tseliso Thipanyane 70. Ms Duduzile Tshabalala 71. Mr Clarence Itumeleng Tshoose 72. Ms Gloria Twaise 73. Advocate Jacob Van Garderen 74. Mr Paul Verryn 75. Ms Amanda Lindokuhle Vilakazi 76. Professor Frans Jacobus Viljoen 77. Mr Joseph Wade 78. Mr Leslie Bhekiziwe Yeni 79. Dr Udesh Pillay 80. Mr Vivani Isidore Made Made 81. Ms Shameme Manjoo

Cachalia, Professor Firoz

Executive Summary

Prof Cachalia has held several key positions in the public and private sectors. He is currently an adjunct professor at the School of law, University of the Witwatersrand. He is also a non-executive director at the South African Reserve Bank.1 He holds an LLB and a Higher Diploma in Company law from Witwatersrand University. He also received a first class LLM degree from the University of Michigan in 1996. Cachalia is a trustee of Ahmed Kathrada Trust and Khalema Mothlante Trust.

Work Experience

Employer Position Period

University of the Professor 2013 to date Witwatersrand Gauteng Provincial Head of Planning 2011 -2012 Government commission Department of Economic Member of the Executive 2009 -2011 Development Council (MEC) for Economic Development Department of Community Member of the Executive 2004-2009 Safety- Gauteng Province Council (MEC) for Community Safety Gauteng Provincial Speaker 1994-2004 Legislature Bell Dewar &Hall Articles 1989-1990 Centre for Applied Legal Researcher 1991-1992 Studies

Commitment to Human Rights

1Available on http://resbank.onlinereport.co.za/pdfs/South_Af1rican_Reserve_Bank_Annual_Report2015and16_Go vernors_Message.pdf 28th of September, 2016.

Cachalia was an active participant in the anti-apartheid opposition movement. During the apartheid struggle, he was arrested in 1978 with his brother for distributing pamphlets commemorating the 1976 Soweto students uprising. In 1981, he was also arrested for political activities which led to him being detained with his brother. They were subsequently banned under the Internal Security Act.

He also held several leadership positions in the organisations that fought against apartheid and oppression and played a leading role in Codesa I and Codesa II (Convention for a Democratic South Africa) negotiations. He also worked with the committee that drafted the first versions of South Africa’s democratic Constitutional Principles. During the Codesa negotiations, Cachalia represented the Transvaal Indian Congress (TIC) at the talks.2

Cachalia as a member of the Executive Council (MEC) for Community Safety came up with a policy to monitor the activities of the South African police in Gauteng to ensure provincial safety. He once commented that the police had the responsibility to uphold the rule of law and ensure public safety. He further said “most importantly the police need to ensure that the rights of peaceful protesters are respected, in a democratic society we cannot allow and will not tolerate gratuitous violence by the police who have the responsibility to enforce law and observe Constitution-protected freedoms."3

Cachalia is also an advocate for accountability of politicians to the public especially with respect to finance. It has been suggested that his tough stance on the issue of public finance management led to his being removed from the Gauteng Provincial Cabinet in 2010.4

Qualifications

Qualification Institution Year

2 http://www.sahistory.org.za/people/firoz-cachalia 3 Available on http://www.lexisnexis.com.ezproxy.uct.ac.za/lnacui2api/results/docview/docview.do?docLinkInd=true& risb=21_T24759448421&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T247 59448425&cisb=22_T24759448424&treeMax=true&treeWidth=0&csi=401391&docNo=16 on the 29th of September , 2016. 4 Available on http://www.politicsweb.co.za/opinion/why-firoz-cachalia-got-the-chop on the 29th of September 2016.

Higher Diploma in University of the 2002 Company Law(First Witwatersrand Class) LLM (First Class) University of Michigan 1996 LLB University of the Not Available Witwatersrand

Professional and Personal Conduct

As an academic, he has published extensively on the rule of law, bill of rights and fundamental human rights. His publications include

 Haysom N and Cachalia F. “Language and Culture “ in South African Constitutional Law, The Bill of Rights, 2nd ed., Butterworths, Issue 2 2005

 Cachalia F. “A report on the Convention for a Democratic South Africa” South African Journal of Human Rights, Vol.8 Issue 2 Dec 1992

 Cachalia F. “Constitutionalism and Belonging” in “Post-Apartheid Constitutions: Perspectives on South Africa’s Basic Law, Constitutionalism and Belonging”, Edited by Penelope Andrews and Stephen Ellman, University of the Witwatersrand and Ohio University 2001.

 Cachalia F. Twenty Years Of South African Constitutionalism: Judicial Review of Parliamentary Rulemaking: A Provisional Case for Restraint5

 Cachalia, Firoz. Operation Iron Fist After Six Months: Provincial police strategy under review South African Crime Quarterly 2007 No 19

 Cachalia, Firoz. (2012). Revisiting the National Question and Identity. Politikon Special issue: Non-racialism in South Africa. 39(1).

5 Available on http://www.lexisnexis.com.ezproxy.uct.ac.za/lnacui2api/results/docview/docview.do?docLinkInd=true& risb=21_T24759448421&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T247 59448425&cisb=22_T24759448424&treeMax=true&treeWidth=0&csi=148874&docNo=2 29th of September 2016.

 Firoz Cachalia “Citizenship, Muslim family law and a future South African constitution: a preliminary enquiry” (1993) 56 THRHR 392

Cachalia also frequently comments on national issues in national daily newspapers.

Political Affiliation

He is a member of the ANC

No known improper conduct.

Ms Cele Zibuyile

Executive Summary

Cele is a social worker and has over 20 years experiences working with children. Her area of expertise is the protection of children’s rights. Over the past several years she has worked as an a Managing Director at a non-profit company, Aquity Innovations which specializes in research for vulnerable children and on public health issues including TB and diabetes. She received recognition with the ‘Make a Difference Award’ by Nelson Mandela for being a member of a cabinet-appointed Inter-Ministerial Committee on Young People at Risk in South Africa. She has also been involved in a national project developing a national directory of services for vulnerable children.

Work Experience

Employer Position Period

Aquity Innovations Project Director/Managing September 2012- date (formerly known as Director University Research South Africa) Self-employed Independent consultant: September 2006- August providing consultancy 2012 services to government, academic and research institutions on human rights education and awareness, research, legislation and standard development for service delivery UNICEF National Officer- Child November 2002- July Protection Officer 2006 United Nations Assistant Project May 2000- October 2002 Development Programme Coordinator for the United

Nations Child Justice Project Social Development Social Development August 1997-1999 Ministry Consultant South African National Professional Consultant January 1991- July 1997 Council for Child and 1993- Community Family Welfare Development Coordinator 1994- Regional Director Pietermaritzburg Mental Social Worker January 1988- December Health Foundation 1990 KaNgwane Government Professional Welfare July 1985- December Service Officer 1987 Stanger Indian Child and Social Worker January 1985- June 1985 Welfare Society

Commitment to Human Rights

Cele has worked extensively with children’s rights. She has worked in the field of promoting the use of family preservation and family strengthening models for child protection and child development. She has worked with women, parents and caregivers to promote safer homes for children. She is an independent board member of Childline.6 She has written commentary in practice journals including article 40 on issues of child protection. She has developed practice guidelines, training materials, and information, education and communication materials for government institutions and NGOs. She is interested in promoting culturally appropriate practices and responses to child development.

She has also developed and coordinated policy guidelines relating to children’s rights. She has developed training materials on the Children’s Act in collaboration with the Community Law Centre of the University of Cape Town. She has also conducted exploratory research on Cultural Practices and Children’s Rights in South Africa for Advocacy Aid and Save the Children UK. She was also part of the team

6 Available from http://www.childlinesa.org.za/about/our-team/board-of-directors/ last accessed on 26 September 2016.

9 that developed regulations for the new Children’s Act. And she facilitated provincial workshops for the development of regulations on the Children’s Act and Children’s Amendment Bill. She also developed training materials on the new Children’s Act and with a focus on care for Orphans and Vulnerable Children (OVC).

Qualifications

Qualification Institution Year BA Social Work University of Zululand 1981- 1983 BA Honours Psychology University of Kwazulu- 1984 Natal B. Social Science UNISA 1989-1990 Honours (Social Work) Diploma Resource Damelin 1994 Management M.A Social Science University of Kwazulu- 1996- 1997 (Social Development) Natal Certificate in Project Regenesys School of 2002 Management Public Management

Professional and Personal Conduct

No known political affiliations or improper conduct.

Chalklen, Mr. Shybe (Shuaib)

Executive Summary

Throughout the years, Mr. Chalklen has proven himself as a prominent actor in the protection of rights of the disabled by constantly providing invaluable contributions within national, regional and global frameworks for the protection of persons with disabilities (PWD). In 2003, he founded the Secretariat for the African Decade of Disabled Persons where he held the position of Chief Executive Officer until 2006. The Secretariat for the African Decade of Disabled Persons was established for the purpose of encouraging the implementation of the continental plan of action in Africa. This plan is supposed to serve as a guideline for all African Union member states in the formulation of their national programmes on disability issues.

Work Experience

Employer Position Year Almodon Engineering Consultant February 2015 – present Consultancy: Accessibility and Universal Design Consultant, Dubai, UAE. The United Nations Special Rapporteur on 30 August 2009 – 31 Disability December 2014 Southern African Director 1 June 2009 – 30 Federation of Disabled September 2010 Research Project The Presidency, Republic Senior Policy Analyst Resigned 31 July 2007 of South Africa Secretariat for the African Chief Executive Officer October 2003 – Decade of Disabled December 2006 Persons, the African Union (on secondment) The Presidency, Republic Chief Director, April 2001 — September of South Africa Governance and 2003 Administration

Office on the Status of Director 1996 — 2001 Disabled Persons, The Presidency, Republic of South Africa

Commitment to Human Rights

Shuaib Chalklen is the founder and current chairperson of the African Disability Forum, a continental organization representing the voice of Africans with all disabilities, with its headquarters in Addis Ababa. Chalklen held important positions in the field of disability including Director of the Office on the Status of Disabled Persons in the Presidency of South Africa (1996-2001). From 2009 to 2014, Chalklen was the Special Rapporteur on Disability of the UN Commission for Social Development. The mandate of the Special Rapporteur is to monitor the implementation of the standard rules on the equalization of opportunities for people with disabilities, as adopted by the General Assembly in 1993, and to advance the status of persons with disabilities throughout the world.

Qualifications

Institution Qualification Year Wits/Harvard Senior Executive Program 2001 University of Cape Town Bachelor of Social 1991 Science

Professional and Personal Conduct

No known political affiliations or improper conduct.

Chokoe Madimetja Minah, Ms.

Executive Summary

Ms Chokoe is the current director of ProBono.Org’s Pretoria office and has been an attorney for 5 years. She served her articles of clerkship at K. Seabi & Associates, where she was later appointed as a Professional Assistant. She later went into private practice for a few months, but took a Professional Assistant position at Sekati Monyane Inc. Ms Chokoe commenced human rights work in February 2013, when she was appointed as an attorney for the Lawyers for Human Rights organisation. During this time, she became an instructor in the Law Society of South Africa’s Legal Training and Development (‘LEAD’) programme.

Work Experience

Name of employer Position Period K. Seabi Associates Candidate Attorney February 2010 – August 2011 K. Seabi & Associates Professional Assistant August 2011 – February 2012 R.M Chokoe Attorneys: Director April 2012 – July 2012 Private Practice Sekati Monyane Professional Assistant July 2012 – February Incorporated 2013 Lawyers for Human Litigation Attorney February 2013 – June Rights 2015 Legal Training and Instructor November 2014 – Development: Law Ongoing Society of South Africa Dikeletsong Citizen’s Executive Board Member August 2014 - date

Advisory Bereau Deputy Chairperson August 2015 – date ProBono.Org Manager – Pretoria Office July 2015 - date7

7 This is according to Ms Chokoe’s profile on LinkedIn, accessed from: https://www.linkedin.com/in/neo-chokoe-2b06861b?authType=NAME_SEARCH&authToken=THAy.

Commitment to Human Rights

Ms. Chokoe took up an attorney post at the human rights organisation: Lawyers for Human Rights. She thereafter assumed a managerial position at another human rights organisation and public-interest law clinic: Probono.Org, where she heads the Pretoria office.

Qualifications

Qualification Institution Year

LLB University of Witwatersrand 2009

Professional and Personal Conduct

No known political affiliations or improper conduct.

DEGLON, Ms UNDERE

Executive Summary

Undere is a person living with physical and mobile disability with over ten years’ experience working with persons living with disability at the local and international levels. Her area of expertise is the protection of rights of persons living with disability. In the last one decade she has worked as the chief executive officer of the Disability Workshop Development Enterprise. This organisation is one of the leading players in the disability employment support services in South Africa.8 She also currently serves as a member of the Presidential Working Group and the ministerial committee for the Department of Social Development. In recognition of her commitment to rights of persons living with disability, she was elected to develop the South African Country Report for the International Labour Organisation (ILO) Global Business and Disability Network. She also serves on the Council of the Cape Peninsula University of Technology (CPUT).9 She is a former board member of the Western Cape Gambling and Racing Board.

Work Experience

Employer Position Period

Disability Workshop Chief Executive Officer April 2007- date Development Enterprise Programme of the Child, Research consultant: January 2006-2007 Youth, Family and Social Development Research Unit; Human Sciences Research Council (HSRC) Deglon and Associates Managing Director January 2002-2006 Disabled People of South National Consultant January 2001 Africa Commitment to Human Rights

8 Available on http://www.dwde.co.za/ on the 27th of September, 2016. 9 Available on http://www.cput.ac.za/about/leadership/council on the 27th of September, 2016.

Undere has worked extensively on issues relating to the rights of persons living with disability. She has worked in various capacities to promote the rights of disabled people in the South African workplace. She worked with a non-profit organisation between 2005 and 2007 to enhance the economic empowerment of people with disabilities. Also between 2003 and 2006, she was the vice-chairperson of the Institute for the Promotion of Disabled Manpower. This institute which is a non- governmental organisation specialised in the economic empowerment of persons living with disability. She is also a trustee at the South African Disability Development Trust.10

She has collaborated with United Nations agencies such as the International Labour Organisation to develop guidelines for decent work for all workers particularly persons living with disability. In 2006, she headed the Working Committee for the ILO’s multi-country study with the purpose to understand ‘strategies for skills acquisition and work for people with disabilities’. She also served on the technical steering committee of the Women Entrepreneurship Development and Gender Equality (WEDGE) Programme. In April 2016, she moderated an ILO session on “opening pathways into “unusual” employment for persons with disabilities”.11 She has also organised various workshops in South Africa on the rights of persons living with disabilities.

Qualifications

Qualification Institution Year MBA Graduate School of In view Business, University of Cape Town MA (Research University of Cape Town 2006 Psychology) BSocSc (Honours) University of Cape Town 2004 Human Resource University of South Africa 2000 Management Certificate

10 Available on http://www.saddt.org.za/Content.aspx?ContentID=3 on the 27th of September, 2016. 11 Available on http://www.ilo.org/wcmsp5/groups/public/---ed_emp/--- ifp_skills/documents/publication/wcms_482413.pdf on the 27th of September, 2016.

BA University of the Western 1991 Cape HdipEd University of the Western 1992 Cape

Professional Conduct

She has written on issues relating to rights of persons living with disabilities. These include Economic Empowerment of People with Disabilities.

She also conducted a study as a research student at the University of Cape Town on The Impact of Maternal Disability on the Well-Being of children. She concluded from this study that although families with persons living with disability seem to be coping well given the challenges they face.12 These challenges are made more difficult by factors such as poverty, single parenthood, lack of access to schools, inadequate transport and other support services. She said her study will act as a framework upon which policies for persons living with disabilities can be built.

In 2013, her organisation launched the 2% Employment Campaign which was a partnership between The Jobs Fund and the United Nations Special Rapporteur on Disability. According Undere, “We understand business concerns about the risks of employing first-time job seekers. Based on years of experience and lessons from other countries, we have developed a model to source, develop and place unemployed persons with disabilities into entry-level positions for the first time in their lives. We can make this happen through member companies who join us in the battle against unemployment” 13 She said her organisation can help employers meet their employment equity target of 2% of their workforce comprising of persons with disabilities.

12 Available on https://open.uct.ac.za/bitstream/handle/11427/8183/thesis_hum_2006_deglon_u.pdf?sequence=1 on the 30th of September, 2016. 13 Available on http://companies.mybroadband.co.za/blog/2013/10/23/the-launch-of-the-2- employment-campaign-countdown/ and http://sandtonchronicle.co.za/77079/work-for-the-disabled on the 30th of September, 2016.

Personal Conduct

No known political affiliations or improper conduct.

Mr Dlamini Sicelo Emmanuel

Executive Summary

Mr Dlamini is a young person with a disability, he is deaf. He has had experience in corporate leadership governance at national level. He is at present serving as a commissioner with the CRL Rights Commission. He is a member of Pan SA Language Board and the National Deputy Chairperson for the SA National Deaf Association. He is also a member of the National Disability Right Machinery under the Department of Social Development. He has worked with the KZN Premier Office on Human Rights for the past 6 years.

Work Experience

Employer Position Period

SA National Deaf Provincial Director April 2011- present Association: KZN KZN Department of Social Human Resource Officer 2008- 2011 Development Department of Education ABET Supervisor 2009-2013 Durban University of Lecturer May 2007- October 2008 Technology

Commitment to Human Rights

Dlamini is currently serving as a Commissioner on the CRL Rights Commission (Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities) and was appointed in 2014 for a period of five years.14 He is also an advocate for disability rights, he is a member of the National Disability Right Machinery under the Department of Social Development.

He also serves as a board member of the Pan South Africa Language Board (PanSALB) and is the National Deputy Chairperson for the South African National Deaf Association.

14Available from http://www.gov.za/president-zuma-appoints-members-commission las accessed 27 September 2016.

Qualifications

Qualification Institution Year

Senior Certificate V.N Naik School 2002 Computer Certificate PC Training & Business 2003 College National Diploma- Durban University of 2004-2006 Information Technology Technology (first and second year, study incomplete due to financial constraints) National Diploma (Human University of South Africa Currently enrolled Resource)

Specialized training:

Qualification Institution Year

Conflict Management CLR Rights Commission 2015 Leadership Disability Advocacy KZN Office of the Premier 2009 Youth Leadership KZN Office of the Premier 2008 Development Organizational Skill Deaf Federation of South 2005 Development Africa Leadership and KZN Department of 2008 Governance Education Recruitment and KZN Department of 2007 Selection Education Managing School KZN Department of 2004 Governor Body Education

Professional and Personal Conduct

No known political affiliations.

Dowries, Mr. Mervin

Executive Summary

Dowries has acquired expertise in labour consultancy, liquidation and estate and public administration and serves on the panel of liquidators at the High Court of South Africa (Cape of Good Hope). He is also very versatile on the issues surrounding the effective regulation and monitoring of employment conditions in the South African building industry and possesses many leadership credentials.

Work Experience

Employer Position Period Self-Employment Business Consultant/ October 2006 – Date Liquidator/Estate Administrator/Mediator

Building Industry Chief Executive Officer/ October 1998 – August Bargaining Council, North Council Secretary 2006 and West Boland Ministry of Local Senior Registry Clerk, February 1998 – Government September 1998 The Institute for Multi- Regional Coordinator 1995 – 1998 Party Democracy Building Industry Labour 1993 - 1995 Bargaining Council Relations/Compliance Officer The University of Western Coordinator, Street Law 1991 - 1993 Cape Medical Scheme, Port Head of Department 1988 - 1990 Elizabeth Mondale High School Biology Teacher 1987

Commitment to Human Rights

Dowries had coordinated democracy and human rights education, planning at the University of Western Cape. He has on the job experience labour regulations and rights and communities and the provision of legal assistance in rural communities.

Qualifications

Qualification Institution Year B. Proc University of The Western Not stated Cape Certificate, Civil and University of 2009 Commercial Mediation, Stellenbosch ADR. Certificate, Arbitration CCMA 1999 Dip. Bus. M, Executive Not stated 1987 Education

Professional and Personal Conduct

No known political affiliations or improper conduct.

Galvin Mary, Prof.

EXECUTIVE SUMMARY

Prof. Galvin is an Associate Professor at the University of Johannesburg, in the Department of Anthropology and Development Studies.15 Throughout her career in the academy, she has conducted research on development in Southern Africa, citizen participation and governance and the role of civil society, local government and traditional authorities. She established and served as director of Regional Consultative Forum on Rural Development as well as Umphilo waManzi (‘Water is Life’). Her career in academia spans over 27 years and she has published articles both locally and internationally. Prof. Galvin is currently a member of the Water Advisory Group for 350.org, which is a climate change NGO and is also a member of the South African Water Caucus. She is a representative on the national multi- stakeholder Water Sector Leadership Group.

Work Experience

Name of employer Position Period

Wilson Center for International Scholarship; Research Assistant 1989 Smithsonian Institution

Center for Strategic and International Studies Intern 1989

Agency for International Development (USAID) Program Assistant 1991

Yale University Teaching Assistant – 1991 - 1992 Political Science and History Departments

Regional Consultative forum on Rural Director 1992 - 1997 Development

University of California, Berkeley Teaching Assistant 1998

15 https://www.uj.ac.za/faculties/humanities/department-of-anthropology-and-development- studies/Pages/development%20studies%20staff/Mary-Galvin.aspx.

Self-employed Part-Time Development 1995 - 2013 Consultant

University of Kwazulu-Natal Lecturer 1999 - 2005

Human Science Research Council Senior Research 2006 Specialist

The Water Dialogues Co-ordinator for The 2006 – 2009 Water Dialogues

Umphilo waManzi (Water is Life) Executive Director 2009 – 2013

University of Johannesburg, Department of Associate Professor 2014 - date Anthropology and Development Studies

Commitment to Human Rights

Prof. Galvin’s commitment to human rights is reflected by her interest in the socio- economic rights to water and an environment that is not harmful to health and well- being. To this end, she established Umphilo waManzi (‘Water is life’), a non-profit organisation where action research is conducted at the community level around issues relating to water and sanitation. Her research has also focused on barriers to the human right to water and ‘innovative’ approaches to sanitation. Indeed, she has also published articles relating to the environment as well as water and sanitation. Prof. Galvin co-ordinated a national multi-stakeholder intitiative, i.e The Water Dialogues South Africa.

Prof. Galvin has served as director for the Institute for Zero Waste in Africa, and she is currently preparing the following for publication: ‘What does ‘access to water’ mean for people living with HIV & AIDS’, ‘Constructing Large Dams in South Africa: What has been learned?’ and ‘Community Experiences and Perceptions of Urine Diversion Toilets in eThekwini’.

Publications include:

‘Leaving Boxes Behind: Civil society and water and sanitation struggles in Durban, South Africa’ Transformation (forthcoming 2016).

‘Talking shit: is Community-Led Tota Sanitation a radical and revolutionary approach to sanitation?’ Wiley Interdisciplinary Reviews: Water – Wiley Online Library. 2015. Onlinelibrary.wiley.com/doi/10.1002/wat2.1055/full

“A Hot Climate for Civil Society Engagement with Climate Change and Water in Durban” in P. Perkins (ed) Water and Climate Change in Africa: Challenges and Community Initiatives in Durban, Maputo and Nairobi, London: Routledge, 2013.

“Addressing Southern Africa’s Development Challenges through Community Led Total Sanitation”.Report published by Oxfam, 2013. Constructing Large Dams in Southern Africa: What has been learned? in “Dam Truths: A compilation of case studies about popular struggles against dams”, Blue Planet Project, Council of Canadians, 2013. Brief articles published by the Blue Planet Project (Council of Canadians) 2011- 2014. http://canadians.org/blogs/mary-galvin. “Participating in Urban Myths about Women’s Rural Water Struggles”. Agenda 88, 2011. “Lifeboats and icebergs: Pragmatic adaptation in the water sector” in J.Wilson (ed),Water and climate change: an exploration for the concerned and curious, Cape Town: Environmental Monitoring Group, 2011. “Rural survival, development or advocacy?” in B.Maharaj et al (ed), Zuma’s Own Goal: Losing South Africa’s ‘War on Poverty’, Trenton: Africa World Press, 2010. “The Politics of Decentralization and Donor Funding in South Africa’s Rural Water Sector” (with Adam Habib), Journal of Southern African Studies 29, 2003.

Qualifications

Qualification Institution Year

Bachelor Arts in Government Georgetown University 1989

MA in International Relations Yale University 1992

PhD in Political Science University of California, 2005 Berkeley

Professional and Personal Conduct

No known political affiliations or improper personal conduct

Gascoyne, Mrs Adelle Yvette (nee Potgieter)

Executive Summary

Adelle is an internationally recognised PeaceWoman and Peacemaker. She has worked with the South African Police Service (SAPS) where she worked as a researcher/intelligence analyst. She is currently a director at the ROHA and the Help Our People Excel (HOPE) Foundation. She is also a past Nobel Prize Peace nominee.16 She won the Women of Excellence Award in 2010. She has published a lot of Christian literature.

Work Experience

Employer Position Period

ROHA and the HOPE Director November 2005- date Foundation Church of Blessings Ministry Head November 2012-date South African Police Intelligence January 1994-October Service(SAPS) Analyst/Researcher 2005

Commitment to Human Rights

None

Qualifications

Qualification Institution Year BA University of Port Not available Elizabeth

Professional and Personal Conduct

No known political affiliations or improper conduct.

16 Available on https://publicpeaceprize.org/2014-nominations/ on the 27th of September, 2016.

Adv. Andre Hurtley Gaum

Executive Summary

Advocate Andre Hurtley Gaum is currently and liaison officer to the Deputy Minister of Home Affairs. He is a parliamentarian who has served with distinction as a member of parliament for more than 10 years under different departments and as part of various portfolio committees. Gaum is an admitted attorney and advocate in the High Court of South Africa. Through his time in public service Adv. Gaum served as the MEC of education from 2001 to 2004. He was also Deputy Minister of Higher Education from 2008-2009. Gaum has experience both as part of the executive as well as the legislature and as such brings experience from both these arms of government.

Work Experience

Name of Employer Position Period

Department of Home Parliamentary Liaison June 2014-Present Affairs Officer: Deputy Minister of Home Affairs

African National Congress Member of the Parliament 2010- May 2014 of the Republic of South Africa

Minister of Cooperative Legal Advisor 2010 Governance and Traditional Affairs

Department of Education Deputy Minister Nov 2008- May 2009

Western Cape Member of Executive 2001-2004 Government Council (MEC)

Safety and Security Member of Portfolio 2000-2001 Ministry Committee

Office of State Attorney Legal Advisor 1995-1999

Office of State Attorney State Prosecutor 1992-1995

Commitment to Human Rights

Adv. Andre Hurtley has been dealing with human rights issues over the last 16 years while working as a member of parliament as well as being a part of the executive. He has worked to defend migrants in one of his submissions as part of the meetings with the United Nations.17 The positions that Adv. Gaum has held as part of the legislature and the executive necessitates an extensive understanding of the human rights discourse and as such his knowledge of constitutional matters goes a long way to assist the SAHRC. Although, no information is available in terms of initiatives undertaken by Adv. Gaum with regard to human rights, his submissions as part of the portfolio committee’s is tells a positive story about his commitment to human rights.18

Qualifications

Qualification Institution Year

Bachelor of Arts University of Stellenbosch N/A

LLB University of Stellenbosch N/A

Masters of Law: University of Stellenbosch N/A Constitutional Law (LLM)

Admitted as an Attorney High Court of South Africa 1995

17 Available at https://pmg.org.za/committee-meeting/12487/#s49561030 last accessed on 28 September 2016 18 Available at http://www.pa.org.za/person/andre-hurtley-gaum/appearances/committee?page=1 last accessed on 28 September 2016

Admitted as an Attorney High Court of South Africa 1995

Professional and Personal conduct

Adv. Gaum was a member of the African National Congress (ANC). There is no available information on any personal misconduct.

Mr. Govender Kisten (also known as Krish Govender):

Executive Summary:

Govender is currently a state attorney with 40 years’ worth of experience as an attorney. His area of expertise is litigation. He was admitted as an attorney of the Supreme Court in the year of 1976. He was devotedly involved in the apartheid struggle as a legal activist. His most noteworthy contributions in this regard include assisting senior members Pius Langa, Archie Gumede, as well as MJ Naidoo to name a few in launching the Democratic Lawyers Association in Durban. He formed part of a twelve-person delegation of the National Association of Democratic Lawyers, which he was active in forming, to study the Constitution and legal system of Sweden together with the legal department of the African National Congress. Govender was also part of the delegation that worked with the Minister of Justice in dissolving the Association of Law Societies of the old regime and the formation of the Law Society of South Africa in 1998. Govender received a life membership award for having been a practising member of the Law Society of South Africa for 40 years and still practising.

Work Experience:

Employer Position Period

Trishal Sharma Attorney Consultant 2015- date

Law Society of South Served as co-chairperson 2012-2015 Africa

Judicial Service 2010-2013. Commission

International Association Member of the Bureau 2013-date of Democratic Lawyers

Department of Justice State attorney for 1998-2015. and Constitutional Durban/KwaZulu- Natal. Development

Law Society of South Was the former and 1999. Africa chairperson of the first Gender Committee

Governing Body of the Part-time Commissioner 1996-1998. CCMA of the CCMA in KwaZulu- Natal.

Krish Govender and Sole practitioner 1980-1998. Company

Govender Moola Singh Partner 1978-1980. and Associates

A Christopher and Professional Assistant 1976-1978. Company

Commitment to Human Rights:

Govender has used his role as co-chairman of the Law Society of South Africa to push transformation in the legal profession and the judiciary. He has previously served on the Law Society of South Africa’s other committees. In doing so he has emphasised that focus needs to be placed on the needs of the public and the courts and that the responsibility. Govender has been involved in community, civic, political and educational bodies as an activist, and has also served as vice-chairman of the council of the University of Durban-Westville (now University of KwaZulu-Natal) for a number of years. He was also a member of the steering committee that founded and launched the National Association of Democratic Lawyers (Nadel) together with former justice minister, the late Dullah Omar and former chief justice Pius Langa. Nadel is a voluntary organisation of lawyers with the goal of realising access to justice for disadvantaged persons and the rule of law19. Govender has served as its national executive committee member and has been its publicity secretary for fifteen

19National Association of Democratic Lawyers accessed at https://www.lawsoc.co.za/default.asp?sl=&id=1972 on 27 September 2016.

32 years, general secretary and vice-president for one term. He is still involved with Nadel and is currently a NEC member.

Prior to joining the private, Govender had represented all community activist’s political operatives for the liberation movement as well as political leaders during the apartheid regime. Govender was somewhat influential in the process adopted by the Truth and Reconciliation Committee(TRC), by making submissions to the TRC regarding the process in which hearings were conducted which prompted the TRC to change its method of holding hearings. Govender worked with the first Minister of Justice, Dullah Omar, under Nadel from 1994 to 1999 on the transformation of the judiciary and the legal system of South Africa. He was later appointed in 1995 by the Minister of Justice to serve on the National Advisory Council on Correctional Services which he resigned from when he was appointed as state attorney.

Qualifications:

Qualification Institution Year

Diploma in Mathematics University College, 1968- 1969 and Science Durban

BA (Law) University of Durban, 1970-1973 Westville

B. Proc Degree UNISA 1974-1976

Professional and Personal Conduct:

Govender’s concern in the profession which he has raised is that of ethics. He firmly believes that attorneys should be empowered to act ethically and that the law must be practised on the basis of what is fair and just.

Govindsamy Leanne, Ms.

EXECUTIVE SUMMARY

Ms. Govindsamy currently heads the Legal and Investigations department at Corruption Watch. Prior to this appointment, she was a senior associate at Cheadle Thompson & Haysom. She also clerked for Justice Tholie Madala at the Constitutional Court of South Africa. Ms. Govindsamy read for her Master of Laws degree – for which she graduated summa cum laude – at the University of Notre Dame.

Work Experience

Name of employer Position Period

Constitutional Court of South Africa Law Clerk 2006 - 2007

Nishan, India Intern July 2009

Alternative Law Forum, Bangalore India Intern August 2009 – September 2009

Cheadle Thompson & Haysom Incorporated Senior Associate January – July 2008; October 2009 – July 2014

Corruption Watch Head: Legal and September Investigations 2014 - date

Commitment to Human Rights

Ms. Govindsamy has conducted extensive research on human rights issues and has engaged in rural struggles to understand the implications of human rights violations in that context. In her tenure as an intern at Nishan, she conducted research on the impact of corruption on human rights in Kurekshetra. In that capacity, she also

34 conducted field research in the rural villages of Northern India and documented human rights abuses there.

Furthermore, as in intern for the Alternative Law Forum in Bangalore, India, she conducted research on state disability laws and regulations in relation to international standards. She also conducted research on various rights violation in Bangalore and its surrounding areas. She presented her findings at weekly seminars.

She is currently under the employ of Corruption Watch – a non-governmental organisation whose objective is to fight corruption in South Africa.

Qualifications

Qualification Institution Year

LLB University of 2006 the Witwatersrand

LLM (Master of Laws): International Human University of 2009 Rights Law (Summa Cum Laude) Notre Dame

Professional and Personal Conduct

No known political affiliations or improper personal conduct.

Gunn, Ms Shirley

Executive Summary

Shirley currently works as the executive director of Human Rights Media Centre (HRMC) which she founded.20 She is a well-known anti-apartheid activist. She spent a significant number of her adult life in the struggle against apartheid. She became a member of the ANC in 1981. In 1984, she was recruited into the armed wing of the ANC, uMkhonto we Sizwe (MK).21 She was also involved in the activities of the trade union movement in the Clothing Workers’ Union.

As a result of her anti-apartheid activities she was harassed and arrested by the security police in 1985 under the Internal Security Act.22 She was eventually released and placed under surveillance which led to her leaving the country on exile to Botswana. She was sent to Cuba for military training by the ANC office in Botswana. She subsequently returned to South Africa where she set up the Ashley Kriel Unit with her ex-husband. In 1988 she was framed for the Khotso bombing which led to her being arrested in 1990. She was detained for 68 days after which she was charged for illegal possession of Makarov pistol. Four years later she laid charges against Adrian Vlok for crimen injuria and obstruction of justice after he confessed to setting her up during his plea for amnesty. She then sued the Minister of law and Order for R500 000. However, the case was settled out of court and she was paid R70 000. She subsequently described her experience during apartheid at the Truth and Reconciliation Commission (TRC).23

Work Experience

Employer Position Period

Human Rights Media Executive Director August 2001 to date Centre

20 Human Rights Media Centre (HRMC) is a member of the South African Coalition of Transition Justice. Available on http://www.ijr.org.za/uploads/IJR_Healing_communities_conference_WEB.pdf on the 29th of September, 2016. 21 She was a member of this organisation till 1992 22 Available on http://www.sahistory.org.za/people/shirley-gunn on 28th of September 2016. 23 Available on http://www.justice.gov.za/trc/report/finalreport/Volume%201.pdf on 29th of September 2016.

Human Rights Media Voluntary Executive January 2000 to July Centre Director 2001 O-dacity Films CC Voluntary Partner November 1999 to December 200024 Fair Share-Unit of the Campaign Organiser January 1998 to October School of 1999 Government, University of the Western-Cape

Commitment to Human Rights

Shirley is well known international figure as a result of her work in promoting human rights particularly for victims of apartheid.25 She has given speeches all around the world on these issues. In an interview with Marie Breen-Smyth in 2013, Gunn said that in joining the anti-apartheid movement she had decided to give her life for freedom and for a society where there was no racial segregation.26

As a victim of breach of human rights, Shirley continues to work in advancing human rights. The HRMC which she founded, advances an awareness and activism about human rights through the documentation and disseminating of oral histories through a variety of media forms and social interventions. In essence, they give a voice to persons who are often silenced or unheard. She has worked with communities that bore the brunt of the most violations during the apartheid era. She also worked with such communities to come up with memorials for these violations. Some of which include the Trojan Horse Memorial in Athlone, the Gugulethu 7 memorial.

Shirley has also co-authored books telling the stories of survivors of apartheid. One of such book is Labour Pains for the Nations: Eight women workers tell their stories. Her organisation also organises programmes to highlight/document the struggle and stories of the unsung heroes who survived the apartheid.27

24 Worked part-time here from January to December 2000 25 Avalable on http://www.tandfonline.com/doi/abs/10.1080/17539153.2013.835204?journalCode=rter20 on the 28th of September, 2016. 26 Available https://www.youtube.com/watch?v=2RHFSNsOK5Q on the 30th of September 2016. 27 Available on http://www.hrmc.org.za/index.php?option=com_content&view=article&id=54&Itemid=57 on the 28th of September, 2016.

Shirley was also the first chairperson of Khulumani Western Cape Group. This is a support community for victims of apartheid. Through her work in this community she continues to fight for compensation for all the victims of serious human rights violations who were “neglected by the new regime”.28 She currently is a board member of the Khulumani Support Group.29

Qualifications

Qualification Institution Year General Nursing Groote Schuur Hospital, 1974 to mid-1976 (incomplete) Observatory B.Soc. Sci. University of Cape Town February 1977 to November 1980 B.Soc. Sc. (Honours) University of Cape Town February 1981-November 1982 Military Intelligence/ African National Congress November 1986-May security trainings 1987

Professional and Personal Conduct

No known political affiliations or improper conduct.

28 Available on http://www.khulumani.net/khulumani/in-the-news/item/437-shirley-gunn-getting-her- breath-back.html on the 28th of September, 2016. 29 Available on http://whoswho.co.za/shirley-gunn-6011 28th of September, 2016.

Ms Hicks Janine

Executive Summary

Hicks has served as the Director of the Centre for Public Participation for 10 years and also as a commissioner with the Commission for Gender Equality (CGE). She holds an LLB degree and has worked for the promotion of constitutional democracy, access to justice, social justice advocacy and the redress for the violation of human rights. She is currently contracted for the Office of the Public Protector for a six- month period as Special Advisor, Report Writing and Quality Management.

Work Experience

Position Employer Period

Special Advisor, report Office of the Public July 2016- date writing and quality Protector management Ad hoc lecturer University of Kwa-Zulu May 2016 – date Natal, Faculty of Law Commissioner Commission for Gender June 2007- May 2016 Equality Executive Director Centre for Public January 1998- June 2007 Participation Publications Coordinator Community Law Centre June 1992- December 1997

Commitment to Human Rights

Hicks is committed to the protection and advancement of human rights. She has served as a Commissioner to the Commission for Gender Equality. She has a strong legal background in gender and human rights work in rural areas. Her work on the gender commission included human rights abuses, discrimination and marginalisation experiences by informal traders, tackling city policies to ensure that their rights are promoted and protected and took up with the SAPS and other authorities instances of abuse and violations of rights since 2011.

She has also worked with the Community Law and Rural Development Centre in the 1990s where she developed a keen interest in rural communities’ access to justice, development and human rights, and in strengthening citizen participation in processes of government, through advocacy. She has a particular interest in women’s human rights issues, and in addressing instances of gender discrimination and inequality.30

As a director of the CPP she worked to build civil society organisations knowledge of structures and processes of new democratic government structures. Her work focused on strengthening public participation policy and processes of the state, and civil society campaigns to ensure responsive, accountable governance by the state.

She has also engaged in research and policy advocacy in relation to gender equality and transformation which included driving interventions towards policy and legislative reform, strategic planning, legal challenges to unconstitutional practices and transforming society behaviours and practices that are contrary to the values and principles in the Constitution.

Qualifications

Qualification Institution Year

MA Participation, Institute of Development May 2004- July 2005 Development and Social Studies, Sussex Change University, UK LLB University of Natal, February 1995- Durban November 1994 LLB UNISA February 1991- December 1994 Bachelor of Arts University of Cape Town February 1987- November 1989

30 Available from http://clrdc.org.za/sample-page/our-team/board-of-directors/ last accessed 27 September 2016

Professional and personal conduct

Hicks has published in a number of publications focusing on women’s rights. She has also served as the Chairperson for the Board of Directors for Agenda Feminist Media.

Her work as a Commissioner on the Gender Commission and policy initiatives has included law reform happening around maternity benefits and protection for all classes of working women (including women in the informal economy), the current call for the decriminalisation of sex work to put an end to the abuse of rights where women and men are being denied access to a range of rights, and escalating issues around forced and early child marriage, which is critical in the province of KwaZulu Natal.31

She has also published a chapter in a book in a book titled, ‘Leveraging State Accountability: The South African Commission for Gender Equality.’32 Her chapter discusses the discriminatory practices faced by women, and high levels of abuse. And discusses the challenges faced by the Gender Commission when dealing with problem.

She was cited as a responded in the case Majake v Commission for Gender Equality and Others (09/14527) [2009] ZAGPJHC 27; 2010 (1) SA 87 (GSJ; (2009) 30 ILJ 2349 (GSJ)) (12 June 2009).33 It was an urgent application where the applicant sought an order to reinstate her position as Chief Executive Officer of the Gender Commission. The applicant argued the decision to terminate her employment by the respondents was unconstitutional and unlawful. The applicant was successful in the High Court.

She has been quoted in article regarding the CGE’s work:

“But despite all these efforts, organisations like the Commission for Gender Equality (CGE) still believe that cases of unfair discrimination remain deeply rooted, not only in the work place but in society in general.

31 Available from https://afra.co.za/2016/06/03/dialoging-for-gender-equality/#more-1026 last accessed 27 September 2016 32 Available from https://za.boell.org/sites/default/files/downloads/Janine_Hicks.pdf last accessed 27 September. 33 Available from http://www.saflii.org/za/cases/ZAGPJHC/2009/27.html last accessed 27 September 2016.

“This is manifest in discrimination in the work place, gender-based violence, the non- recognition of women’s contribution to and role in the formal and informal economy. There are numerous discriminatory and harmful practices within cultural, religious and traditional communities,” says CGE commissioner Janine Hicks.

“To change this, it requires partnerships and outreach interventions to raise awareness, respond to instances of discrimination and harm, and leadership by stakeholders within these affected communities,” says Hicks.”34

She has also written an opinion piece for the CGE on women’s political representation and participation.35

34 Available from http://www.sanews.gov.za/south-africa/celebrating-20-years-gender-equality last accessed 30 September 2016. 35 Available from http://www.mediamonitoringafrica.org/images/uploads/LGEOpPiece.pdf last accessed 30 September 2016.

Dr Hlatshwayo Ndaba Charles

Executive Summary:

Dr Hlatshwayo is and advocate of the rights of individuals who were involved as activist in the liberation struggle during the apartheid regime. He himself was also an active member of the underground movement. For many years, Dr Hlatshwayo has been involved in providing counselling services within the public healthcare system and in particular in township clinics as well as schools. With regards to the counselling services which he provided at schools, Dr Hlatshwayo’s involvement has been with regards to providing guidance as well as support to young people on dealing with issues such as bullying as well as sexual violations of young girls within the school infrastructure. He has a great amount of training in counselling, in particular in regards to HIV/AIDS as well as TB.

Currently, Dr Hlatshwayo is involved in providing support and counselling to the military veteran community located in the areas of greater Soweto and is also greatly involved in the Khulumani Support Group.

Work Experience:

Employer Position Period

CHC Chiawelo Clinic Counselling psychologist 2010 - date

Reproductive Health Chairman of Community 2007 - 2008 Research Unity Advisor Group

Khulumani Support Group Member of the Provincial 2001 – 2016/ ongoing Steering Committee

Services Seta Representative 1998 - 2000

Commitment to Human Rights:

Dr Hlatshwayo has worked extensively with disadvantaged persons as well as persons involved in the struggle against apartheid. For the past fifteen years, Dr Hlatshwayo has been his counselling services. Some of his most prominent works has been in the area of the school health care sector where he assisted children in dealing with issues such as bullying and substance abuse among the youth, as well as substance abuse counselling and support in the community of Chiawelo where he began working in 2010 to date.

He is also involved in the Khulumani Support Group as a member of the Provincial Steering Committee. The Khulumani Support Group is an organisation that is committed to helping secure the rights of victims of apartheid-era human rights violations and raising awareness about these rights36.

Qualifications:

Qualification Institution Year

HIV & AIDS Awareness Heirs Development & 2008 Training Certificate Consultants

HIV & AIDS Counselling The AIDS Consortium 2012 Training Certificate

Lifestyle Advisors Training TIBB Health Sciences 2012 Certificate

Professional and Personal Conduct:

No known political affiliations or improper conduct.

36Khulumani Support Group accessed at http://www.khulumani.net/khulumani/about-us.html on 26 September 2016.

Professor Vinodh Jaichand

Executive Summary

Prof. Jaichand was the former Director of the International Human Rights Exchange in the School of Social Sciences, University of the Witwatersrand and prior to that Deputy Director of the Irish Centre for Human Rights for nine years. He is the author of Restitution of Land Rights and has co-edited 60 Years of the Universal Declaration of Human Rights in Europe and Anti-Discrimination for the Judiciary. In August 2013 he was appointed, by the President of South Africa, as Commissioner to the Law Reform Commission. He has served on the Standards Generating Body on Legal Education and Training of the South African Qualifications Authority and as an Independent Assessor by the Council on Higher Education: Department of Education and as the Ministerial Representative on the Council of Technikon Pretoria. He is an Advocate of the High Court of South Africa.

He was formerly Associate Professor and Dean of the Faculty of Law at University of Durban-Westville. He also served as National Executive Director of Lawyers for Human Rights for more than five years. He completed his Doctorate in Juridical Science degree (summa cum) and a LL M degree (magna cum laude) at Notre Dame Law School at the Centre for Civil and Human Rights, and the LL B degree at the University of Natal. Another LL M degree was conferred by the University of Miami, while the BA degree and a Secondary Teachers’ Diploma were completed at the University of Durban-Westville. Vinodh has been involved in the training of police, lawyers, prosecutors, and judges in China, South Africa, Austria, Slovenia, Slovakia, Hungary, Ireland, Ethiopia, Nepal and India. Apart from English he is published in Chinese, German, Portuguese and Spanish in numerous journals around the world. He has presented papers in more than twenty-five countries.

He holds membership in the Editorial Review Board Human Rights Series of the Republic of Letters Publishing, the Editorial Review Board of Human Rights & Human Welfare, in the Advisory Board of the Sur-International Journal on Human Rights, in the International Advisory Board of Diakonia, Jerusalem. He was the first Chairman of the Board of Integrating Ireland. He is a member of Consulting Editorial Board of the University of Ghana Law Journal and reader for the International Journal for Transitional Justice.

Vinodh has taught and examined in the Mediterranean Masters on Human Rights and Democratisation in Malta and acted as an examiner in the European Masters in Human Rights and Democratisation in Venice. He has been the architect of the LL M in Economic, Social and Cultural Rights, the first in the world that was launched in September 2009.37

Work Experience38

Employer Position Period

WITS University Head of the School of 08/13- date Law

WITS University Deputy Head of School of 01/13- 07/13 Social Sciences

International Human Director 01/12- 07/13 Rights Exchange (WITS)

Irish Centre for Human Deputy Director 11/03- 12/11 Rights (University of Ireland)

Lawyers for Human National Executive 1997- 2002 Rights Director

University of Durban- Dean of the Faculty of 1992- 1993 Westville Law

Commitment to Human Rights

Professor of Human Rights and Director of the International Human Rights Exchange at the University of Witwatersrand, Johannesburg. Involved in human rights education for more than two decades as an academic with experience in the

37 Available from https://www.wits.ac.za/staff/academic-a-z-listing/j/vinodhjaichandwitsacza/ accessed on 28 September 2016 38 See note 1

NGO world. Participated in training of police, lawyers, prosecutors, and judges in China, South Africa, Slovenia, Slovakia, Hungary, Ireland, Ethiopia, Nepal and India.

Holds a doctorate in International Human Rights Law from the Centre for Civil and Human Rights at the University of Notre Dame Law School. He has published three books, two major reports and numerous articles. Apart from English he is published in Chinese, German, Portuguese and Spanish in numerous journals around the world. He has made presentations in more than twenty-five countries around the world, predominately focused on issues of human rights.39 What follows is the titles of some of the human right focused presentations he made:40

26 July 2013- THE HUMAN RIGHTS PERSPECTIVE. SANPAD Conference on Rethinking Sustainable Livelihoods, Durban

23 February 2012-RACISM IN ECONOMICALLY CHALLENGING TIMES: THE GALWAY TAXI REPORT, International Human Rights Exchange, University of the Witwatersrand, Johannesburg

23 November 2011- MAKING THE CASE FOR A UN SPECIAL RAPPORTEUR ON LAND RIGHTS, Irish Centre for Human Rights, Galway

1 July 2011- HUMAN RIGHTS PROTECTION DURING AUSTERITY CUTS, Northern Ireland Council for Ethnic Minorities13th Annual Human Rights and Equality Conference, Belfast

17 October 2010- LOOKING FOR COMMON GROUND, 2nd Irish-American Human Rights Exchange, Galway

12 June 2010- AN INTODUCTION TO ECONOMIC, SOCIAL AND CULTURAL RIGHTS, Presented at the School for International Relations Conference on Economic, Social and Cultural Rights, Tehran

12 June 2010-LAND AND HOUSING RIGHTS: SOME SOLUTIONS FROM OTHER JURISDICTIONS, Presented at the School for International Relations Conference on Economic, Social and Cultural Rights, Tehran

39 Available from https://za.linkedin.com/in/vinodh-jaichand-176a3b4 accessed on 28 September 2016 40 Available from https://www.wits.ac.za/staff/academic-a-z-listing/j/vinodhjaichandwitsacza/ accessed on 28 September 2016

20 November 2009-SOME INTIAL FINDINGS ON LAND RIGHTS IN BRAZIL, INDIA AND SOUTH AFRICA- Presented at Lawyers for Human Rights Role and Impact of Public Interest Litigation in South Africa, Johannesburg

9 October 2009- SIXTY YEARS OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS IN EUROPE WITH RELEVANCE FOR THE USA-Presented the Inaugural Irish-American Exchange, Centre for Civil and Human Rights, University of Notre Dame Law School, South Bend, Indiana, U.S.A

5 August 2009-OVERVIEW OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS FROM AN INTERNATIONAL PERSPECTIVE-Presented at the Experts Meeting in honour of Islamic Human Rights and Human Dignity Day, organized by John Hopkins University School for Advanced International Studies, Beirut, Lebanon.

14 April 2009- KEYNOTE ADDRESS: LESSONS FOR AFRICA AFTER 60 YEARS OF THE UDHR IN EUROPE at the Seminario Internacional/ Curso Sobre Direito da Proteccao Social no Contexto de HIV/SIDA at the Centre for Human Rights at the Faculty of Law, University of Eduardo Mondalane, Maputo, Mozambique

25 March 2009- 60 YEARS OF THE UDHR IN EUROPE: SOME QUESTIONS FOR THE DEVELOPING WORLD, University of KwaZulu-Natal, Pietermaritzburg, South Africa.

Apart from these presentations many publications of the professor focused on human rights issues may be seen in his resume.

Qualifications

Qualification Institution Year

BA, English and History University of KwaZulu- 1969 – 1971 Natal

LL B, Law University of KwaZulu- 1978 – 1980 Natal

LL M, General Laws University of Miami 1983 – 1984 School of Law

LL M (magna cum laude), University of Notre Dame 1987 – 1988 Human Rights Law School

SJD (summa cum laude), University of Notre Dame 1994 – 1996 Human Rights Law Law School

*See other Short Courses in Resume

Professional and Personal Conduct

It was reported on the Business Day Live on 16 August 2016 that the professor was suspended from his position as the Head of Law School at Wits University pending investigations on undisclosed alleged misconduct.41

41 Available from http://www.bdlive.co.za/national/education/2016/08/16/wits-law-school-head-suspended accessed on 29 September 2016

Jana, Ms Devikarani Priscilla Sewpal

Executive Summary

Jana is a jurist, activist and ANC politician.42 She is a former South African ambassador to Ireland and Netherlands.43 She is also a former member of the South African Parliament from 1994 to 1999. She was nominated and shortlisted for the office of the Public Protector and the independent Electoral Commission in 1994 and 1993 respectively. She is also a well -known South African lawyer. She represented many of the anti-apartheid activists including Nelson Mandela, Winne Mandela, Walter Sisulu, and Govan Mbeki among others in various capacities. She was also the personal lawyer to Mandela and had access to him during the apartheid struggle.

As part of an underground cell, she fought tirelessly to bring down the apartheid government. This activism, however, came at a price. One of South Africa's infamous 'banned persons', for five years Priscilla was unable to take part in any political activities, enter any place where a large number of people were gathered, and had her movements severely restricted. In addition, her home was attacked with petrol bombs on multiple occasions.

Work Experience

Employer Position Period

Government of South Ambassador in Ireland 2006-2011 Africa Government of South Ambassador in 2001-2005 Africa Netherlands South African Parliament Member 1994-1999 Committee member of Constitutional Affairs Committee member of Correctional Services

42 http://www.sahistory.org.za/dated-event/devikarani-priscilla-jana-jurist-activist-and-anc-politician- born-durban 43 http://www.sabc.co.za/news/a/f4d9d7004225b017b687bf1c2eddf908/Madibaundefinedmyundefinedm entor:undefinedAmbassadorundefinedJana-20131112

Chairperson of the Ad hoc Committee on the SA law Commissions Report on Surrogate Motherhood Chairperson of the Ad hoc Committee on the Ratification of the UN Convention on the Rights of the Child Member of joint Committee on Public Protectors’ interest Self –employed Lawyer 1979

Commitment to Human Rights

Priscilla Jana has extensive commitment to human rights issues. As an Indian woman who had experienced racial oppression first-hand, she decided to use her degree in law to fight for the rights of her fellow people and do all she could to bring down the Apartheid state - who saw her as a very real threat. At one time she represented every single political prisoner on Robben Island, including both the late Nelson Mandela and his wife Winnie. Priscilla spent her days in court, fighting human rights case after human rights case.44

She has represented youths, juveniles, students and politicians from a wide spectrum of political and labour organisations in South Africa. These organisations include the ANC, the Pan African Congress, Municipal Workers Association of South Africa etc.

When South Africa gained her independence she became a member of parliament. During her time as a Member of Parliament, she chaired the Committee of the Adhoc Committee on the Ratification of the UN Convention on the Rights of the Child.

44 Available a http://www.ceifin.com/conference/21/speaker.html on the 29th of September, 2016.

She was a legal advisor/consultant to the ANC Women’s league on Gender Issues, National Children’s Rights Committee and the African National Congress’s Local Regional Government Committee and the Women’s Coalition Bill.

Qualifications

Qualification Institution Year LLB University College for 1974 Indians

Professional and Personal Conduct

Ms Jana devoted her entire legal career to the field of civil liberties and human rights. Some of her popular cases include State v Marwane 1982 (3) SA 717 (A)- the Terrorism Act of 1967 was held to conflict with the Bill of Rights of Bophuthatswana; Montsitsi v. Minister of Law and Order 1984 (1) AD- this case opened the door for many political prisoners to sue the government for violations against human rights and torture; Mngomezulu v. Soweto City Council 1989 (2) AD- the court held that certain black residents who resisted ejectment from their dwellings for alleged failure to pay rentals were entitled to do so because the determination of the rentals was unlawful.

Jana has published extensively. The most prominent of which is her recent book Fighting for Mandela: The Explosive Autobiography of the Woman who helped to Destroy Apartheid.45 She has also given speeches, talks and published articles globally on subjects of human rights and apartheid.

She is a member of the ANC.

No improper conduct.

45 https://www.amazon.co.uk/Fighting-Mandela-Explosive-Autobiography-Apartheid/dp/1784189790

Ms Jansen Zelna Moira

Executive Summary

Jansen is an admitted attorney. She qualified as an attorney in 2003 and is a member of the Cape of Good Hope Law Society. She has worked at the Parliament as a Committee Secretary and the Department of Justice as a Researcher. She is currently serving as Deputy Chairperson to Business Western Cape and as an Exco Member on Provincial Executive Committee (WC).

Work Experience

Position Employer Period Tobacco Affairs Manager The Tobacco Institute of September 2010- current Southern Africa Parliamentary Liaison Law Society of South May 2009 – August 2011 Officer Africa (LSSA) Legal Researcher Office of the Chief State August 2008- April 2009 Law Advisor Committee Secretary Parliament of the February 2005- July 2008 Republic of South Africa Candidate Attorney Craig Schneider August 2003- December Associates 2003 Candidate Attorney Adhikari and Dixon June 2002- July 2003 Attorneys at law

Part-time Employment

Parliamentary Monitor Parliamentary Monitory December 2004- Group February 2005 February 2002- May 2002 Internship IDASA: The Impumelelo January 2001- May 2001 Innovations Award July 1999- September Programme 1999

Research Assistance University of Cape Town, June 2000- September Faculty of Law 2000 June 1998 June 1997- January 1998 December 1996- February 1997 June 1995 – October 1996 Internship Commission of Restitution December 1998 – March of Land Rights 1999

Commitment to Human Rights

Jansen completed an internship at the Commission of Restitution of Land Rights from December 1998 to March 1999.

Qualifications

Qualification Institution Year Matric Bridgetown Secondary 1994 School Bachelor of Arts University of Cape Town 1998 Bachelor of Laws University of Cape Town 2001 Practical Legal Training University of Cape Town 2001 Master of Commerce University of Cape Town 2016 Specializing in Trade Law Graduate School of and Policy Business

Professional and personal conduct

No known political affiliations.

Dr Jobson Marjorie

Executive Summary:

Although Dr Jobson is a medical practitioner by profession, her main commitment has been to the human rights work that she has done. She works as a Commissioner on the Commission on the Rights of Cultural, Religious, and Linguistic Communities in the Eastern Cape in which capacity she dealt with many human rights issues across the province such as the stigmatisation of and discrimination of the Rastafarian Communities in the Eastern Cape. Through her work as a Commissioner in the Eastern Cape, she has also served as a leading activist for justice, redress and reparations for all persons affected by the abuses and gross human rights violations of the past.

During the period of transition, Dr Jobson was involved Women’s National Coalition where she convened and backed civil society engagement, particularly that of South African women of all backgrounds in the 1994 Cairo Population Conference as well as the 1995 Beijing World Women’s Conference. Her commitment to gender issues can also be seen from her work in the World Summit on Sustainable Development where her focus was placed on developing women’s’ policy. She is currently involved in the development of a National Action Plan on Gender, Security and Peacebuilding for South Africa. Her activism is focussed on the fight for human rights, women's rights and social justice.

Work Experience:

Employer Position Period

Khulumani Support Group National Director January 2007- date

Commission to Promote & Commissioner for the 2004 - 2014 Protect the Rights of Northern Cape and the Cultural, Religious & Eastern Cape Linguistic Communities

Internal Medicine for Senior Lecturer (part- 2001 - 2006 Students in the Allied time) Health Sciences

Building Civil Society Lecturer/Facilitator 2005 Organisations

Institute for Women’s and Research Associate 2000 - 2006 Gender Studies, University of Pretoria

All Africa Women for Training Manager 2000 - 2003 Peace

Human Rights Institute for Training Manager 1995 - 2000 South Africa

Human Rights Institute for Research Associate 1994 – 1995 South Africa & National Women’s Resource and Service Centre

St Olaf College, International Study Interim 1994 - 2016 Northfield, Minnesota Coordinator

Women’s Rights Peace Media and Public Liaison 1993 – 1994 Treaty Officer

Humphrey Institute for Associate 1992 – 1993 Public Affairs, University of Minnesota, Minneapolis, USA

Departments of Clinical Assistant and 1979 – 1992 Anaesthetics, Chris Hani- Medical Officer Baragwanath Hospital, Tygerberg Hospital, Kalafong and Steve Biko Hospitals

Internal Medicine & Junior and Senior House 1976 – 1978 Surgery, Chris Hani Officer

Baragwanath Hospital Paediatrics, Red Cross Children’s Hospital Obstetrics & Gynaecology Peninsula Maternity Hospital

Commitment to Human Rights:

Dr Jobson’s commitment to human rights began with her involvement with Pretoria’s branch of the Black Sash where she co-chairperson and was strategically involved in the campaigns against capital punishment. During this period of time, she was also a member of Pretoria Crisis Committee which was tasked with assisting people in dealing with the trauma suffered from detention and solitary confinement. She was a member of the National Executive Committee of the World Conference of Religion and Peace in South Africa during the years of 1990 until 1992. During the period of 1994 to 1995, Dr Jobson was involved with the Human Rights Institute of South Africa as a research associate.

Her most prominent work in the area of human rights is through the Khulumani Support Group for victims and survivors of the apartheid-era gross human rights violations, of which her affiliation with the group began in 1995, where she began as a board member of the group. From the year 2002 to 2005, she became the chairperson of the group and is currently serving as its national director. She is currently serving as a member of the advisory board at the centre for gender studies situated at the University of Pretoria as of 1997. She is an advocate for the Bethal Heaven Care Centre in the Free State which provides care, support as well as accommodation to young and vulnerable people. She continues to host learning visits from countries such as Cote d`Ivoire as well as Uganda on developing policy for addressing gross human rights violations. Her involvement is also visible in the DAAD-funded Gender and AIDS Joint Project of the University of Pretoria where she is the community outreach coordinator and facilitator.

Qualifications:

Qualification Institution Year

MB ChB (UCT) University of Cape Town 1975

Biomedical Ethics UNISA 1982 Certificate

Marriage Counselling UNISA 1982 Certificate

Diploma in Anaesthetics College of Medicine in 1983 South Africa

Certificate in Women and UNISA 1997 Law

Professional and Personal Conduct:

No known political affiliations or improper conduct.

Ms Loyilane Ndileka Eumera Portia

Executive Summary:

Ms Loyilane is an advocate for the rights of persons with disabilities and is regarded as the voice of the disabled. Previously, she has held several leadership positions of leadership in the disability sector and continues to do so. Previously, Ms Loyilane has held the position of chairperson of the Disabled Women's Development Programme46.

She is currently serving as the Chairperson for the South African Disability Development Trust47 as well as on the Eastern Cape Disability Economic Empowerment Trust.

Previously, she was nominated to form part of the advisory panel for the then MEC for Housing, Mr Nkwinti.

Work Experience:

Employer Position Period

Department of Finance Statistics- Senior Clerk 1983 – 1986 and Economic Development

Department of Finance Ciskei Industrial 1986 – 1989 and Economic Development Board – Development Senior Professional Officer

Department of Finance Ciskei Industrial 1989 – 1993 and Economic Development Board – Development Chief Professional Officer

46 Consideration Of Request For Recommendation To Fill Vacancies In Commission For Gender Equality accessed at http://www.pa.org.za/hansard/2012/february/21/proceedings-of-the-national-assembly- tuesday-21--2/consideration-of-request-for-recommendation-to-fil on 28 September 2016.

47 The South African Disability Development Trust accessed at http://www.saddt.org.za/Content.aspx?ContentID=3 on 27 September 2016.

Department of Finance Ciskei Industrial 1993 – 1996 and Economic Development Board – Development Assistant Director

Office of the Premier Office on the status of 1999 – 2007 disabled persons – Deputy Director

Commission for Gender Commissioner 2007 – 2011 Equality

Commission for Gender Commissioner 2011- June 2014 Equality

Office of the Premier Senior Manager – May 2015 – April 2017 Service Delivery Monitor

Commitment to Human Rights:

Ms Loyilane has worked extensively with the rights of disabled persons. She was responsible for establishing the office on the status of Disabled Persons as well as setting the processes and procedures during her times as head of office and work together with stakeholder in the province of the Eastern Cape for the benefit of disability.

Loyilane became a member of the Disabled People organisation in 1991 of which she later became an active member of the organisation where she became the secretary and later the treasurer of the Eastern Cape Division until 1996. She later became a member of the national council from 1992 to 1999 and national chairperson of the of the Disabled Women’s Development Programme from 1997 to 1999. She has served on the board of Trustees of the South African Disability Development Trust as of 1999 and has served as its Deputy Chairperson and was nominated as its Chairperson in 2012. She is currently chairing the Eastern Cape Disability Development Trust of which she was instrumental in its formation.

Qualifications:

Qualification Institution Year

Bachelor of Commerce University of Fort Hare 1980 – 1983

Higher Education UNISA 1986 – 1987 Diploma

MPhil in Disability University of Cape Town 2003 – 2008 Studies

Professional and Personal Conduct:

No known political affiliations or improper conduct.

Jonker, Mr Gert Jacobus

EXECUTIVE SUMMARY

Mr Jonker is a Child protection specialist. He has served as a media liaison officer for the Child Protection Unit of the South African Police Service in Johannesburg. He has lectured extensively on the topic of Child Abuse. He has vast experience in the management of non-profit organisations. He founded a non-profit organisation called Bethany House Trust in 1995, a children’s charity that also operates as a child protection agency, he currently serves as its Chief Executive Officer. He was a founding member of the Gauteng Alliance for street kids. He has previously advised government on issues regarding children working and living on the streets.

Qualifications

Qualification Institution Year Defence Management, Wits University Unknown Post Graduate National Certificate in National Department of Unknown Police Administration Education Masters Degree, University of Free State 2015 Development Studies

Work Experience

Employer Position South African Police Services Detective Inspector, Media Liaison

Bethany House Trust Chief Executive Officer

Commitment to Human Rights

Mr Jonker has demonstrated a commitment to the welfare and safety of children in his work. As Detective Inspector in the South African Police Services he has gained experience in policing crimes against children. In 1996 he founded Bethany House Trust, a children’s charity that facilitates, a children’s home, a network of cluster

62 foster care homes, a child and youth development centre for children living and working on the street.

In 1999 he founded Induduzo Foundation which facilitates services in the areas of welfare and early childhood education. He serves on the Technical Board of the Kids in Crisis Foundation a non-profit organisation registered in New York which focuses on adoption and residential care programmes in North America, South America and Asia. He has served previously as Chairperson and Vice Chairperson of the Gauteng Welfare, Social Services and Development Forum for a number of years and represented 4OO non-governmental organisations in the Gauteng province, in this role he regularly interacted with the provincial government and discussed and advised on Social Development matters.

He has co-authored a paper on Intermediary Services for Child Witnesses which was published in the International Human Rights Journal. Mr Jonker is also a member of various other organisations connected to the promotion of children’s welfare. He is a member of the South African Professional Society on the Abuse of Children; he is a member of International Society for the prevention of Child Abuse and Neglect. He has also presented papers on children and youth at risk at various national and international conventions including at National Association of Child and Youth Care Workers Biannual Conference in Durban in 2006, and International Child and Youth Conference in Canada 2006 and The National Consultation of churches and Christian Organisations response to the rights of orphans and vulnerable children in November 2009.

Professional or Personal Misconduct

No known misconduct.

Letlojane Corlett

Executive Summary

Letlojane has over 20 years experiences in the field of human rights at the national, regional and international level. She has monitored the enforcement of regional and international human rights mechanisms at domestic and regional level and served as a focal point for drafting and submitting NGO Shadow reports to the UN and AU. She is also the Executive Director for the Human Rights Institute of South Africa.

Work Experience

Employer Position Period Human Rights Institute of Executive Director Current South Africa Programme Manager 2001-2005 Independent Consultant Consultant on African 1999- 2001 Affairs Lawyers for Human Provincial Training 1992- 1997 Rights Coordinator Africa Desk Coordinator 1997- 1998 Legal Aid Bureau Legal Advisor 1990- 1991

Commitment to Human Rights

Letlojane has over 20 years’ experience in the human rights field. She has monitored the enforcement of regional and international human rights mechanisms at domestic and regional level and served as a focal point for drafting and submitting NGO shadow reports to the AU and the UN. She is currently the executive director of the Human Rights Institute of South Africa (HURISA).48 At HURISA she has engaged Chapter Nine institutions and established inter-relationships with SAHRC and CGE. She has conducted human rights programmes, and awareness in rural communities.

She has also served on a number of Continental organisations including the African Commission Study Group on Freedom of Association & Assembly, the Pan African

48 Available from http://www.hurisa.org.za/about-us/management/ last accessed 28 September 2016.

Human Rights Defenders Network and the Coalition for An Effective African Court on Human and People's Rights.49 She has engaged the African Commission Special Rapporteurs on Freedom of Expression and Access to Information in Africa as well as the Chairperson of the African Commission, Special Rapporteur on Human Rights Defender’s and Special Rapporteur on the Rights of Women in Africa.

She has also provided technical support to State Department Officials reporting to UN and AU human rights bodies on human rights treaties ratified by South Africa.

Her achievements in regional work include co-founding networks such as the Southern African Human Rights NGO Network for promotion of Article 23 of the SADC Treaty and Declaration to promote participation of citizens of the region to advocate for regional integration and creation of a human rights organ in SADC. At an international level she has engaged the Department of International Relations and Cooperation and Do. of Justice on human rights issues to articulate at UN Human Rights Council.

Qualifications

Qualification Institution Year

LLB Degree University of South African B. Juris Diploma University of the North West province

Professional and Personal Conduct

Letlojane has expressed disappointment on South Africa’s vote against the UN Human Rights Council resolution on civil society.50 She stated ‘we have a rich history of civic participation in this country. It should be used to create a culture of human dignity on a national and international level.’

49 Available from http://www.cafsouthernafrica.org/index.php/news-events/263-npo-collaboration-dialogue- 8-sept-2016 last accessed 28 September 2016. 50 Available from http://www.groundup.org.za/article/sa-voted-against-un-move-strengthen-civil-society/ last accessed 28 September 2016.

She has supported the South African Forum for International Solidarity (SAFIS) to end hate crimes targeting LGBT people, non-nationals, and marginalised people.51

She has also expressed concern over the police dumping whoonga addicts on the outskirts of eThekwini.

“If vagrants were taken and dropped off in random locations, with no proper recourse or help in place, they would keep coming back. This is also going to aggravate the areas they are being dropped off in and actually perpetuate the problem.“ Their human dignity has been violated and the government needs to do better than this. They need to deal with the problem openly and democratically,” said Letlojane.52

In November 2014, she was part of the Women’s Network Working Group which conducted training on the different mechanisms CSO’s can use to promote gender equality, peace and security. This Working Group was formed as a consortium to work on a project on, peace and security for women in armed conflict; in the DRC, Sudan and South Sudan.53

51 Available from http://hcwg.ipt.co.za/ACT_TO_END_HATE_CRIMES_TARGETING_LGBT_PEOPLE_NON- NATIONALS_AND_OTHER_MARGINALISED_PEOPLE_IN_SOUTH_AFRICA.pdf las accessed 28 September 2012. 52 Available from http://www.iol.co.za/news/crime-courts/cops-clash-over-whoonga-addicts-1724234 las accessed 28 September 2016. 53 Available from http://www.salo.org.za/womens-network-conduct-training-on-the-different-mechanisms- csos-can-use-to-promote-gender-equality-peace-and-security-report-by-lihle-mabuza/ las accessed 28 September 2016.

Ms Loyilane Ndileka Eumera Portia

Executive Summary:

She is currently serving as the Chairperson for the South African Disability Development Trust55 as well as on the Eastern Cape Disability Economic Empowerment Trust.

Previously, she was nominated to form part of the advisory panel for the then MEC for Housing, Mr Nkwinti.

Work Experience:

Employer Position Period

Department of Finance Statistics- Senior Clerk 1983 – 1986 and Economic Development

Department of Finance Ciskei Industrial 1986 – 1989 and Economic Development Board – Development Senior Professional Officer

Department of Finance Ciskei Industrial 1989 – 1993 and Economic Development Board – Development Chief Professional Officer

54 Consideration Of Request For Recommendation To Fill Vacancies In Commission For Gender Equality accessed at http://www.pa.org.za/hansard/2012/february/21/proceedings-of-the-national-assembly- tuesday-21--2/consideration-of-request-for-recommendation-to-fil on 28 September 2016.

55 The South African Disability Development Trust accessed at http://www.saddt.org.za/Content.aspx?ContentID=3 on 27 September 2016.

Department of Finance Ciskei Industrial 1993 – 1996 and Economic Development Board – Development Assistant Director

Office of the Premier Office on the status of 1999 – 2007 disabled persons – Deputy Director

Commission for Gender Commissioner 2007 – 2011 Equality

Commission for Gender Commissioner 2011- June 2014 Equality

Office of the Premier Senior Manager – May 2015 – April 2017 Service Delivery Monitor

Commitment to Human Rights:

Qualifications:

Qualification Institution Year

Bachelor of Commerce University of Fort Hare 1980 – 1983

Higher Education UNISA 1986 – 1987 Diploma

MPhil in Disability University of Cape Town 2003 – 2008 Studies

Professional and Personal Conduct:

No known political affiliations or improper conduct.

Lujabe, Ms Nelisa

EXECUTIVE SUMMARY

Ms Lujabe currently serves a Legal Manager at PPC group services. She has held the position since February 2013. She was admitted as an attorney 1997 and was admitted as a conveyancer in 1998. She also works as a consultant for VLT Consulting and she has taken that role since 2010. She has previously worked as a management consultant for Nonki Incorporated and was notably involved in a project by the Presidential Review Committee on State Owned Enterprises in March 2012.

Qualifications

Qualification Institution Year LLB University of Liverpool 1991

Work Experience

Employer Position Period Smith ,Tabata, Buccana & Attorney From 1997 to Boyes Incorporated 2000 Attorneys Eastern Cape Department Chief Legal Advisor From 2000 to of Education 2001 Legal Wise Branch Manager, Umtata From 2002 to 2004 ABSA Legal Compliance Advisor From 2004 to 2008 Sanlam Head Compliance From 2008 to 2009 Ncube Incorporated Conveyancer From 2009 to Attorneys 2010 PPC Group Services Legal Manager From 2013 to present

Commitment to Human Rights

Ms Lujabe’s area of expertise as an attorney seems to be concentrated to the domain of Commercial Law, Legal Compliance, Conveyance and Competition Law. She has no demonstrable track record to show that she is committed or otherwise when it comes to human rights.

Professional or Personal Conduct

No known professional misconduct or political affiliation.

Macingwane, Mrs Nogolide

Executive Summary

Macingwane is an East London –born attorney practising in Gauteng.56 She holds a BA from the University of Transkei and an LLB from Walter Sisulu University. She was the 14th candidate at Congress of the People Provincial Gauteng Election list 2014 from 22nd April 2014 until 7th May 2014. She was also a member of the Disciplinary Committee of the South African Football Association in 2012.57

Work Experience

Employer Position Period

Nogolide Macingwane Founding member and January 2016 to date Attorneys Inc attorney Bibi Rikhosto attorneys Candidate Attorney April 2011-2015 Majeke Attorneys East Candidate Attorney Jan 2010-Mar 2011 London Nicro Chief social worker and Jan 2008-Novemebr legal assistant 2009 YMCA Tshwane Project manager/secretary 2004-2005 general Post-net Franchise Owner Nov 2002- Jan 2004 Kensington Operation Hunger Senior Social Worker and 2000-2002 fund raiser Family Life Care Centre Senior Social Worker 1999-2000 Department of Social Social Worker 1995-1999 Welfare (Eastern Cape) Umtata Municipality Licensing Officer 1984-1987

56 https://www.africanewshub.com/news/4486820-police-bust-nets-burglars 57 http://www.safa.net/images/pdfs/Regulations-SAFA-Disciplinary-Code.pdf

Commitment to Human Rights

No information available

Qualifications

Qualification Institution Year LLM (in view) University of South Africa LLB Walter Sisulu University 2008 Diploma in marketing, Birnam Business College 1999 public relations and introduction to computers BA Social Work University of Transkei 1996

Professional and Personal Conduct

Nogolide is experienced in community outreaches and social development.

Member of Congress of the People Party58

No known improper conduct.

58 http://www.pa.org.za/person/nogolide-macingwane/

Madlingozi, Mr. Tshepo

EXECUTIVE SUMMARY

Madlingozi is a versatile intellectual, human rights scholar and activist who has garnered much experience and disseminated knowledge through his teaching and research endeavours as a University Lecturer. Madlingozi has made his mark in human rights advocacy through a deep commitment to contributing knowledge and expertise by engaging with issues that can bring about meaningful socio-economic, cultural and political transformation of vulnerable communities across South Africa.

Work Experience

Employer Position Period University of Pretoria Senior Lecturer Oct 2003 to date Khulumani Support Part-time National Aug 2005 to 10/2010 Group Advocacy Coordinator University of Pretoria Tutor Jan 1999 to Nov 2011

Commitment to Human Rights

Madlingozi’s scholarly versatility in the areas of transformative constitutionalism, decolonisation, social justice, transitional justice and human rights is reflected through his numerous publications in (at least 10 books/book chapters) peer- reviewed journals and papers delivered at academic conferences (at least 30). He is a part-time National Advocacy Co-ordinator of the Khulumani Support Group, a membership-based association of survivor-testifiers at the Truth and Reconciliation Commission and now composed of over 100,000 victims and survivors of Apartheid- related gross human rights violations in South Africa.59 He is a member of the editorial committee of the African Human Rights Law Journal. He has many awards on human rights scholarship and is on the Board of the Centre for Human Rights, the University of the Free State.

59 See Khulumani Support Group South Africa ‘Background’ available at http://www.khulumani.net/khulumani/about-us.html (accessed 27 September 2016).

Qualifications

Qualification Institution Year LLB cum laude University of Pretoria 2001 LLM University of Pretoria 2002 MSOCSIC University of Pretoria 2010 PhD Birkbeck, University of Date of Expected London Graduation – 2017

Professional and Personal Conduct

No known political affiliations or improper conduct.

Made, Mr Vivani Isidore Made

Executive Summary

Made Vivani is currently a partner at a law firm. Made has an impressive working background in both the private and public sectors which spans over 30 years. He has worked in various departments and units in the South African public service. He has also worked as a judge in the South African National Defence Force. In addition, he has been a partner in various law firms.

Work Experience

Employer Position Period

Zondi & Partners Partner March 2015 to date Office of the Premier Provincial Ombudsman April 2011 to April 2014 South African National Military Judge 2002 to 2014 Defence Force eThekwini Municipality Deputy Head of February 2006 to January (Legal Services Unit) Litigations 2011 eThekwini Municipality Senior Manager-Legal February 2004 to (Office of the Compliance January 2006 Ombudsperson &Investigations) Department of Justice & Senior Assistant state April 2000 to January Constitutional Affairs Attorney 2004 Mbele, Dube & Partners Professional Assistant July 1999 to April 2000 Department of Justice Deputy State Attorney December 1995 to February 1998 Mlaba, Made & Partners Partner June 1986 to March 1995 MP Mbuli & Co Articled Clerk and Partner February 1979 to May 1986

Commitment to Human Rights

No information available.

Qualifications

Qualification Institution Year Manager Development Africa Governance 2007 Programme Transformation Project Management Regenesys School of 2005 Public Management Officers’ Basic Military South African Air Force 2002 Orientation Course College Advanced Military Course School of Military Justice 2002 Advanced Training in Trial National Institute of Trial 2000 Advocay Advocacy Law Practice Law Society of South 1999 Management Africa LLB University of South Africa 1984

Professional and Personal Conduct

No known political affiliations or improper conduct.

Advocate Magano Fezeka:

Executive Summary:

Advocate Magano is an associate member of Pitje chambers. Her expertise lies in civil litigation. Her focus in litigation is based in labour law with regards to alternative resolution dispute, internal disciplinary hearings, collective bargaining and labour court disputes. She has previously worked in the Transport and allied workers union of South Africa. She obtained a commercial law certificate from Weber Wentzel in 2007 as well as a computer literacy certificate from the Walter Sisulu University. In 2012, she received an Arbitration, Mediation and Conciliation certificate from the CCMA.

Work Experience:

Employer Position Period

Tshiki & Sons Candidate Attorney April 2004 – April 2007 Incorporated (Eastern Cape)

Tshiki & Sons Legal Officer July 2008 – August 2009 Incorporated (Eastern Cape)

Self-employed Independent Advocate- March 2010 – January also a member of the 2011 group level 4 advocates

Self-employed Independent Advocate- January 2011 - date member of the Johannesburg bar

CCMA Part-time Commissioner 2012 - 2015 of the CCMA

Minister of Finance Chairperson of the Tax 2013 - date Board

General Council of the Member of the General 2013 – 2014 Bar of South Africa Council of the Bar Human Rights Committee

Commitment to Human Rights:

Magano’s area of expertise is in litigation, in particular in matters concerning immigration and unlawful arrests and detention. In this regard she is said to demonstrate a substantial and thorough understanding of the relevant laws in a manner that shows an understanding and passion for the achievement of human rights60.

Her argument for the promotion of the spirit, purport and object of the rights enshrined in the Bill of Rights as well as refugee and immigration legislation indicates her passion for the realisation of a constitutional democracy for all.

Qualifications:

Qualification Institution Year

LLB Walter Sisulu University 2004 - 2006

Marketing and Business Damelin Business School 1999 Management

Computer Software IBN Computer School 1997 Certificate

Professional and Personal Conduct:

No known political affiliations or improper conduct.

60 Curriculum Vitae of advocate Fezeka Magano in the recommendation letter of T. Hadebe.

Mahomed, Mr Ashraf

EXECUTIVE SUMMARY

Mr Ashraf Mahomed is an admitted attorney in the High Court of South Africa and is the Managing Director of Ashraf Mahomed Attorneys, a boutique law firm that specializes in High Court litigation on matters regarding public sector law, administrative law and commercial law. He currently serves as the president of the Cape Law Society and has previously served as an acting Judge of the Western Cape High Court on two occasions. He has also worked as provincial head of the Human Rights Commission for the Western Cape. His experience varies from public and administrative law to corporate and commercial law.

Academic Qualifications:

Qualification Institution Year BA University of Cape Town 1994 LLB University of Cape Town 1996

Professional Qualifications:

Qualification Year Practicing Attorney of the High Court of South Africa 1999 Member of the Cape Law Society 1999 Member of the Law Society of the Northern Provinces 2009

Work Experience

Employer Position Period

Legal Resources Centre Attorney: From 1999 to 2003

Dealt with various Constitutional Law and

Administrative Law matters

South African Human Provincial Head: From 2004 to 2007 Rights Commission Western Cape; Dealt with Constitutional Law and Administrative Law issues

Cheadle Thompson Director: From 2008 to 2014 &Hayson Incorporated Attorneys Dealt with Commercial law, Corporate law , Labour law , Public sector law and Alternative Dispute Resolution Matters

The High Court of South Acting Judge: From January to May Africa, Western Cape 2015 and from May to Division Presided over matters June 2016 dealing with Administrative Law, Constitutional Law, Criminal and Civil law , Commercial and Corporate Law.

Managing Director; From 2015 to present

Ashraf Mahomed Attorneys

Commitment to Human Rights

Mr. Mahomed has demonstrated a substantive commitment to the domain of Land rights. In 2002 he worked as commissioner for public hearings into human rights violations in farming communities convened by the Human Rights Commission. He served as director of the Land Rights Management Facility. He has written quite extensively of the area of land tenure law. He has published articles and a book on the subject of Land Tenure. In one article he writes that:

‘’The Chapter 9 institutions are mandated to act independently of government and civil society and are accountable to Parliament. A lack of security of tenure threatens the survival of our democracy. These institutions are strategically located to play a significant role in providing redress and alleviating and eradicating violations of human rights that arise from this……We still need to see greater equity between the various role-players and stakeholders in order to address the reality that poorer communities have fewer resources or land available. The transformation agenda for land rights is a difficult one, but not so the idea that farm dwellers and occupiers can become the centre of rural and urban communities in a constitutional democracy.’’61

He has also developed extensive litigation experience in the area of housing rights and land reform. As Acting Judge of the Western Cape High Court he presided over various matters including one of Savage v Sisters of the Holy Cross which related to evictions from a property owned by the applicants. Mr Mahomed has on a number of occasions represented communities who faced evictions. He appeared for the respondents in the case of City of Cape Town v Occupiers of ERF where they were threatened with eviction.

He was also involved in the landmark case of Government of Republic of South Africa v Grootboom which culminated in the Constitutional court’s pronunciation on the scope of state’s socio-economic rights obligations. As president of the Cape Law

61 A Mohamed: Security of Tenure – Giving effect to the mandate of the Human Rights Commission. http://reference.sabinet.co.za/document/EJC33529last accessed on 27 September 2016 at 13:00 pm

Society he has come out spoke in support of the Chief Justice’s initiative to assert the independence of the judiciary and the rule of law as a fundamental principle of our democracy after the Al-Bashir Judgement where he was quoted as saying:

‘’We believe that this initiative will go a long way towards restoring the public image of the judiciary and the relationship between the executive, legislature and the judiciary’’62

His time at the Commission

Mr Mahomed has also previously served as provincial head for the Human Rights Commission in the Western Cape from 2004 to 2007. In an interview in 2008 Mr Mahomed reflected briefly on his time at the Human Rights Commission as follows:

‘’ I was the head of the Human Rights Commission in the Western Cape. I found it incredibly stifling. I found that having come from the LRC, it was very difficult to take forward the progressive constitutional agenda that I had learnt at the LRC. Because suddenly I found myself in this Chapter Nine institution that had the constraints of…imposed by state bureaucracy in terms of the administrative systems and in terms of…even the ideological, philosophical kind of direction of the organization. And yet there was a little bit of a space where one could explore and be innovative. But that space was like this, man. You know, Ronald Dworkin always uses the analogy of a donut, the ring in the donut…you know that? I felt that the hole in the centre, the discussion we had, the innovation, the inability to innovate, very, very small in the Commission. There was just more regulation and more control and more demands made on us by the bureaucracy and so forth. And I think that the Commission, partly, is limping, or its kind of timidity is partly the result of its managerial systems, of its limited strategic plan, of its poor output, quite frankly, because if it had a more programmatic and planned kind of interventions in certain areas, I think it would have been very different. There were also capacity constraints that went with the management issues. So from a strategic point of view and operational point of view I think there were a combination of those issues that impacted on outputs of the Commission, and I found for the four and a half years that

62 http://www.saflii.org/cgi- bin/disp.pl?file=za/journals/DEREBUS/2015/129.html&query=Ashraf%20Mahomed last accessed 28 September 2016 at 7: 23 pm

I was there, there were moments of levity, there were moments of immense frustration…immense frustration. And as a manager it was more even more difficult because you were just roiled with bureaucratic, you know, stuff. So it was…the writing was on the wall after a while, you know, that this was not going to be a place where one could, you know, really pursue this progressive agenda, but, you know, obviously within the constraints…the Commission itself had undergone a number of changes internally and it was time to leave….’’63

Professional and Political Conduct

No known political affiliations or improper conduct

63 Ashraf Mahomed Interview: Legal Resources Centre, LRC Oral History Project, Wits Archives Page 20 www.historicalpapers.wits.ac.za/inventories/inv_pdft/.../AG3298-1-118-text.pdf last accessed 28 September 2016 at 7: 43 pm

Adv. Mahumani Khavhareni Aarone

EXECUTIVE SUMMARY:

Advocate Mahumani is recognised as the sitting Royal Leader of Mahumani Traditional Council. He was a Senior Magistrate of Modimolle Region in Limpopo. Advocate Mahumani is at present a Director of an NGO known as Mahumani Empowerment Centre Services. He also serves as a Chairperson of Contralesa Mopani Region as well as an executive member Cenralesa Provincial Committee.

WORK EXPERIENCE

Name of employer Position Period

Dept of Justice Senior Magistrate 2000-2015

Dept of Justice Magistrate 1988-2000

NPA Public Prosecutor 1983-1987

SA Government Court Interpreter 1981-1982

SA Government Clerk of the Court 1977-1980

COMMITMENT TO HUMAN RIGHTS

No involvement except for being a Director of Madumani Empowerment Centre Services(NGO)

QUALIFICATIONS

Qualifications Institution Year

LLM University of the North and 2001 Potchefstroom University

Post-Graduate Diploma in Rand Afrikaanse University 2000 Labour Law

B.Iuris (LLB) University of the Zululand 1990

PROFESSIONAL AND PERSONAL CONDUCT

No known political affiliations

Ms Makwetla Mathlodi Angelina

Executive Summary:

Ms Makwetla is a qualified and well experienced social worker. previously, she was appointed as a judge in the Consumer Affairs Court in Gauteng. Her prime area of focus has been in entrepreneurship. In 1998, she started the first black-owned computer training academy in South Africa. She then proceeded to form Makwetla and Associates which has received numerous of awards such as the SMME Empowerment Company Award in 2006 to name a few. In August of 2001, Ms Makwetla was a finalist for the Shoprite/Checkers Women of the Year Award in the category of Media and Communications. During this period of time, Ms Makwetla had also received a Women of Strategy Award from the Soweto Empowerment Development Project.

Ms Makwetla is currently a trustee of the National Empowerment Fund, member of its Human Capital and Remuneration Committee and chairperson of its Social and Ethics committee. She has also been appointed by the minister of Arts and Culture as the Chairperson of the National Arts Council.

Work Experience:

Employer Position Period

Self-employed Founder and Director of 1992 – 2012 Makwetla and Associates

Self-employed Founder and Director of 1988 – 1992 AM- Ultimate Computer Training cc

IBM 1985 – 1987

Market Research Africa 1970 – 1972

Town Council of Social Worker 1969 – 1970 Randfontein

Commitment to Human Rights:

Given her passion for entrepreneurship, Ms Makwetla is prominently involved in the growth of small and emerging businesses and projects which support the growth of small businesses. She has been involved with NGOs concerned with resource mobilization to support small enterprises. Ms Makwetla is the chairperson of the Dr Motsuenyane Rural Development Foundation which is concerned in mobilizing resources to support farmers in the Winterveld and Dennilton areas. She is also involved in the Moengnyana Social Development which has initiated a hydroponics project to assist a rural village in the town of Zeerust.

Ms Makwetla is the founder and current president of the Catholic Women’s League which is a non-profit organisation aimed at raising funding to support women, orphans as well as vulnerable children. Previously, Ms Makwetla was involved with the organisation, Education Africa as its chairperson. Education Africa is a non-profit organisation with the purpose of raising funds to build good quality schools in disadvantaged areas.

Qualifications:

Qualification Institution Year

BA Social Work Degree University of the North 1965 – 1968

Management Certificate Arthur D Little Management School in Cambridge, Massachusetts

SMME Management Galilee College Certificate

Empowerment Workshop Empowerment Institute, 2012 Facilitator Certificate Rhinebeck USA

Dr Mbabane Loyiso Mzisi

Executive Summary:

Dr Mbabane has over twenty-five years’ experience in the field of transformation, affirmative action, and black economic empowerment to name a few. At the age 28, Dr Mbabane was already the serving as the secretary of the Affirmative Action Commission which was formed by the Black Management Forum. The Commission was a black business-led initiative to assist in transformation of policy on affirmative action. He has also taken an interest in the agricultural profession which has led him to pursue a degree in agricultural economics. He has written numerous publications of which the focus of these publications has been on Black Economic Empowerment as well as employment equity.

Work Experience:

Employer Position Period

Self-employed Owner- Manager April 2014 – date (Managing Member)

Officer of Premier Director- General January 2015- date (eastern Cape)

Presidential Independent Part-time Commissioner October 2014- date (up to Commission for the October 2019) Remuneration of Public Office Bearers

Walter Sisulu University, Acting Deputy Vice October 2014 – March Mthatha Chancellor (Academic 2014 Affairs & Research)

Commission for Chairperson (part-time) November 2012- January Employment Equity 2015

Walter Sisulu University, Executive Dean (Faculty 2008 – 2014 Mthatha; Butterworth; of Business, Management East London Sciences & Law)

University of Fort Hare Director: School of 2006 – 2008 Alice & East London Business & Enterprise

University of Cape Town Senior Lecturer 2002 – 2006 (Graduate School of Business) Cape Town

Black Economic Executive Director 1999 – 2001 Empowerment Commission Johannesburg

Department of Labour Director of Equal 1996 – 1998 (National) Pretoria Opportunities (Tshwane Metro)

Hulamin (previously Market Manager 1993 – 1995 Hulett Aluminium)

Black Management Research and Projects 1992 – 1993 Forum Johannesburg Manager

Sep Serfontein Gennote Intern 1990 – 1992

Commitment to Human Rights:

Dr Mbabane’s focus is on economic black empowerment as well as in the area of employment equity. In this regard, Dr Mbabane has served as the national director of the “Equal Opportunities”64 committee under the auspice of the Department of Labour to drive the development of what became known as the Employment Equity Act which was later passed by Parliament in August 2008. He also became a member of the Black Economic Empowerment Commission (BEE Commission), where he served as the Commission’s executive director. During this period, Dr Mbabane also served as the executive director of the Black Business Council.

64 Page 4 of Curriculum Vitae.

In 2011, Dr Mbabane finalized a draft BBBEE Strategy for the Eastern Cape Province on behalf of the Black Management Forum as well as the National African Federated Chambers of Commerce & Industry(NAFCOC) in the Eastern Cape. He continued to provide his services to the two abovementioned organizations as their advisor and facilitator with respect to economic empowerment issues. He awarded with a certificate by NAFCOC with a certificate of merit for his contribution to Human Capital Development65.

65 Page 8 of Curriculum Vitae.

Malatji, Adv Bokankatla Joseph

EXECUTIVE SUMMARY

Advocate Malatji currently serves as a Commissioner at the South African Human Rights Commission. He oversees the portfolio for Disability and Older Persons at the Commission. He holds a B Luris and an LLB degree from the University of the North which he obtained in 1974 and 1976 respectively. He was the first visually impaired African to be admitted as an Advocate of the Supreme Court of South Africa in 1977. He was unanimously appointed to the Commission in 2009 and as Commissioner he has been active at national, regional and international level on matters concerning the rights of people with Disabilities particularly in ensuring that South Africa complies with its international Law obligations under the Convention of the Rights of People with Disabilities (CRPD).

Qualifications

Qualification Institution Year B Luris University of the North 1974 LLB University of the North 1976

Work Experience

Employer Position Period Department of Justice Principal Legal Adviser 1977 to 1995 South African Police Head of Provincial Legal 1995 to 2001 Service, Limpopo Services South African Human Commissioner responsible for 2009 to Present Rights Commission Disabled and Elderly Persons

Commitment to Human rights

As Commissioner responsible for Disabled and Elderly persons Advocate Bokankatla has demonstrated a commitment to the rights of disabled people. He has attended a number of conferences on the State Parties to the CRPD. He was invited by the United Nations to be part of the Protection of the Rights of People with

Disabilities or UNRPD working committee which was tasked with ensuring the implementation of the CRPD in South Africa. For context the CRPD is the first Human Rights Charter of the 21st century and South Africa became party to the convention in 2007. 66

In July 2012 and through his office, the Human Rights Commission submitted a report to parliament on the implementation of the CRPD. In the report the Commission submitted that:

‘’South Africa needs to review its’ current legislation and determine if there is a need to amend legislation or draft new legislation in order to ensure domestication of the CRPD. There are generally two options available to States when conducting this exercise. The State may either draft ad hoc pieces of legislation, or it may draft a comprehensive and overarching piece of disability legislation. South Africa still needs to embark on this process. Once a review of the South African legislation has been completed, the legislature would be in a better position to determine which route to follow….’’.67

It continued:

‘’ The right to basic education is an intrinsic right which leads to the development of a sense of self-worth and dignity, as well as the ability to contribute to society. When persons with disabilities are unable to access and obtain a basic education, their ability to function and contribute to their communities is drastically reduced. This results in poverty, unemployment and discrimination later in life. Parliament ought to seriously consider passing legislation rather than relying on ‘soft law’ such as White Papers, policies and regulations to address such an important issue.’’

In 2015 cabinet approved a White Paper on the rights of people with disabilities. His office played an integral role in the development of the White paper by assisting the Department of Social Development through inputs, submissions and consultative engagements.

66 https://ubuntucentre.wordpress.com/crpd/ last accessed on 27 September 2016 at 5: 29 pm. 67 www.sahrc.org.za/.../Disability%20submissionFINAL%20for%20Parliament%2025% Last accessed 27 September 2016 at 5: 30 PM

He has played an important role in the promotion of the rights of Disabled persons in Africa through the Network of National Human Rights Institutions (NANHRI) where he has collaborated with other regional institutions in the development of regional legislation and guidelines. This is evidenced by the development of a guide entitled: Protecting, Promoting and Monitoring the Rights of Persons with Disabilities which resulted in the creation of a tool kit to monitor compliance and observance of the right to work of disabled persons in the private sector.68

His office has also released a report on the treatment and abuse of older persons which found that access to social security for elderly persons was inadequate to alleviate poverty which is prevalent in elderly persons and so is access to healthcare and residential care facilities. The report also concluded that elderly persons are still subject to social abuse in their communities.69

Advocate Malatji has also chaired hearings facilitated by the Commission. He has chaired the National Hearing on Discrimination in the Workplace in March 2016, the report is however yet to be released. During his tenure he has presided over a number of notable investigations and complaints made to the Commission. In Memana and Standard Bank of South Africa, the commission found that 750 of Standard Bank’s ATMs where inaccessible for disabled people on wheelchairs and therefore amounted to unfair discrimination against wheelchair users. Similarly in Boogard and the South African Post office the Commission found that SA Post Office’s facilitates were largely inaccessible and therefore discriminated against disabled people.

Advocate Malatji currently serves as a board member of the Are Itireleng Trust for the Blind and was a member of the School Governing Body for Siloe School for the Blind from 2001 to 2007.

Professional or Personal Conduct

No known Political Affiliation or Improper Conduct

68 www.sahrc.org.za/home/21/.../SAHRC%20Disability%20toolkit%20FOR%20CD.pdf Last accessed 27 September 2016 at 6 : 08 PM 69 www.sahrc.org.za/home/21/files/SAHRC%20Investigative%20hearing%20report Last accessed 27 September 2016 at 6:30 PM

Adv. Mantula Sipho Gideon

EXECUTIVE SUMMARY

Sipho Gideon Mantula is a human rights lawyer currently working as an assistant researcher for the Institute for Dispute Resolution in Africa (IDRA). Mantula has worked as an Investigator with the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission). Further he worked for the South African Human Rights Commission on a special project focusing on the South African Constitutional Values and issues of Racism, Xenophobia and Related Intolerance. Adv. Mantula has enrolled for his Master’s Degree on Human Rights with the University of South Africa (College of Law).

WORK EXPERIENCE

Name of employer Position Period

Research Assistant University of South Africa Jul 2014 - Present (College of Law – Institute for Dispute Resolution in Africa)

South African Human Education-Coordinator on Oct 2008 - Mar 2009 Rights Commission Constitutional Values

Soweto Community TV Producer and Presenter – Jul 2008 - Jun 2014 Reggae Programme

CRL Rights Commission Legal Officer (6 Months Mar – Aug 2008 contract)

Legal Officer (30 Months May 2009 – Nov contract) 2011

Communictaions Officer (6

Months)

May – Nov 2012

Human Rights Institute of Advocacy and Media Liaison Jan 2013 – Jun 2014 South Africa Officer

Department of Foreign Civil Society member deployed Jul – Aug 2006 Affairs as an Election Observer in the Oct – Nov 2006 Eastern DR Congo; South Sudan; Zimbabwe and Nov – Dec 2011 Madagascar Mar – Jul 2013

Oct – Dec 2013

CRL Human Rights Research Assistant Mar – Jul 2006

COMMITMENT TO HUMAN RIGHTS

Adv. Mantula worked for the South African Human Rights Commission on a special project focusing on the South African Constitutional Values and issues of Racism, Xenophobia and Related Intolerance.

He has been assigned and deployed in various election observer missions in the African Continent under the then South African Government Ministry of Foreign Affairs (DFA), Southern African Development Community (SADC), African Union (AU) and University of South Africa:

- Presidential and Legislative Elections

- Election referendum

-Constitutional referendum and Harmonised Elections

– Presidential and Legislative Elections

- National and Provincial Elections

QUALIFICATIONS

Qualifications Institution Year

LLB University of Johannesburg 2006

PROFESSIONAL AND PERSONAL CONDUCT

No known political affiliations

Advocate of the High Court of South Africa

Shameme Manjoo

Executive Summary

Shameme Monjoo has only worked in the public sector under the IEC and the SAHRC.

Work Experience

Employer Position Period

Electoral Commission Senior Manager - Civic 2008- date Education, Research and Knowledge Management

South African Human Director - Civil Society January 2006 – Rights Commission Advocacy Programme December 2007 (2 years) (SAHRC)

SAHRC Deputy Director Human November 2000 – Rights Education December 2005 (5 years 2 months)

Gauteng Department of Head of Editing Unit: September 1998 – Education Assessment Materials October 2000 (2 years 2 Unit (English Language months) Editor)

Commitment to Human Rights

While serving in the SAHRC Shameme Manjoo accomplished the following:

Achieving overall programme objective to promote institutional strengthening of the South African Human Rights Commission and to enhance its engagement with partner independent institutions set up by the Constitution of the Republic of SA, Civil Society organisations (CSOs), and communities in the realization of constitutionally guaranteed rights. - The CSAP was a joint programme of the SAHRC, the Commission on Gender Equality, the Office of the Public Protector and the European Union (EU).

- Through advocacy, outreach and research and knowledge management, CSAP contributed towards more effective governance, the reduction of poverty and improved living conditions for targeted communities.70

Qualifications

Qualification Institution Year

M.Ed. Curriculum University of KwaZulu- 1991- 1992 Development Natal

BA Honours, English University of KwaZulu- 1977- date Natal

Professional and Personal Conduct

No known political affiliations.

70 Available from https://za.linkedin.com/in/shameme-manjoo-12207715 accessed on 29 September 2016

Mayekiso, Mr Jongizizwe Moses

EXECUTIVE SUMMARY

Mayekiso is one of Africa and South Africa’s renown trade union leaders who endured hardship and suffered persecution under apartheid. He has participated most of his adult life in defence of workers’ rights and in trade unionism. He has also participated in various training opportunities provided by Numsa, Fosatu and Cosatu.

Work Experience

Employer Position Period Ivenhoe mines Co- Chairman 2001 – 2007 Sanco Investment Chairman and later CEO 1997 – 2001 Holdings (PTY) ltd National union of metal General secretary 1987 – 1994 workers of SA (NUMSA) Metal and Allied Workers’ Organiser 1980 – 1994 Union (MAWU) Toyota Marketing 1975 – 1979 Company M.A.W.U. Transvaal Secretary 1982 – 1986 National Union of Metal General secretary 1987 — 1994 Workers of SA (NUMSA)

Commitment to Human Rights

Mayekiso was a leading activist and defender of workers’ rights in the struggles against the apartheid regime. Due to trade union activities he was charged with treason by the apartheid regime, but was discharged and acquitted. A United States University has honoured him with a doctorate degree for his roles as a labour rights activist.

100

Qualifications

Qualification Institution Year Masters in Management Wits University 2016 (ongoing) Postgraduate Diploma in Wits University 2015 management Certificate of competence Wits University 2013 in advanced governance and public leadership Advanced certificate in Wits University 2012 Governance and Public Leadership Certificate in Governance UNISA 2011 and leadership Doctor of humane letters Newport University, USA 1996 (honourary) Matric Mfundisweni High School 1972 Standard 9 Matanzima Secondary 1970 School Standard 6 Bumbana Primary School 1965

Professional and Personal Conduct

In November 2012, Mail & Guardian (online) carried a story71 that an investigative series on Sweden’s Channel 4, Kalla Fakta (Cold Facts) alleged that Mayekiso received R30 million ‘supposedly intended for establishing an industrial school for Numsa’, but was in fact a bribe ‘intended to sway South African MPs to support Saab Gripen's bid for warplanes contract under the South African arms deal. According to the story, the Chairman of the South African Arms Commission confirmed the allegations, but refused to comment on whether money was transferred to certain

71 Mail & Guardian (online) ‘Ex-Numsa boss in arms bribe claim’, available at http://mg.co.za/article/2012-11- 30-00-ex-numsa-boss-in-arms-bribe-claim

101 individuals. Meyikiso denied receiving such money and the allegation was never substantiated.

Due to the political nature of their actions, Mayekiso, Fholisani Mufamadi and Jay Naidoo Mayekiso were granted amnesty by the Truth and Reconciliation Commission for the kidnap of security policeman, Monge Maleka, who they accused of being a spy.72

Mayekiso was elected Member of Parliament (1994 – 1996) and was member of South African Communist Party (SACP) until 2000. He was a member of the African National Congress until 2009. He was member of Congress of the people and Gauteng member of Legislature (2009 – 2014), and has been member, Workers and Socialist party, since 2014.

72 South African History Online (SAHO) ‘Moses Jongizizwe Mayekiso’, available at http://www.sahistory.org.za/people/moses-jongizizwe-mayekiso accessed (28 September 2016).

102

Mbolekwa, Ms Bulelwa Feziwe Tryphina

EXECUTIVE SUMMARY

Ms Mbolekwa is currently the Deputy Director for Women, Youth and Transformation in the KZN Provincial Department of Health. She has previously served a Litigation officer in the office of the KZN Premier where she was responsible for handling litigations. She has also been appointed to serve as provincial coordinator for Disabled People South Africa in KwaZulu Natal.

Commitment to Human Rights

Ms Mbolekwa has demonstrated a commitment to the rights of disabled persons throughout her work and her involvement in community issues. As provincial coordinator for Disabled People South Africa she was responsible for program development and participated in Provincial AIDS Council activities. She advocated for the human rights of disabled people and was also responsible for promoting the rights of disabled people in the workplace. Disabled People South Africa describes its mandate as concerning the following:

‘’We are a non-profit organization (NPO). We are a democratic cross-disability body made up of member organizations of disabled people in South Africa. We are recognized as the national assembly of disabled people by Disabled People International. Our mandate is to ensure development and integration of disabled people into all spheres of life in South Africa. We advocate for our rights and for the attainment of equal opportunity in an integrated social, political and economic environment. We work with and advise organizations across all sectors such as transport, employment, education, health care and housing on ensuring that the rights of disabled people are met. At our branch we run a community-based, rehabilitation and disability support project. We also assist people with disability equipment, such as walking sticks and wheelchairs.73

She has worked on various projects promoting the rights of Disabled People. In 2014 and as Chairperson of KZN Society for the Blind she was involved in projects fast

73 http://search.info4africa.org.za/Organisation?Id=81928 last accessed 26 September at 15:40 pm

103 tracking the advancement of blind and partially sighted people’s human rights in the Province.

Qualifications:

Qualification Institution Year LLB UKZN 2003 LLM Public Health Law 2005

Work Experience

Period Position Employer 2000-2002 Field Worker Human Health Development Trust 2005-2009 Provincial Coordinator Disabled People South Africa 2010-2011 Litigation Officer, Office of the Office of the Premier for Premier. KwaZulu Natal 2011-Present Deputy Director ,Transformation , KwaZulu Natal Department of Health

Political Affiliation:

No known affiliation

104

Mr. Mbuyisa Sifiso Talent

EXECUTIVE SUMMARY

Sifiso Mbuyisa is a certified integral coach and accredited commercial mediator. He has worked as a Senior Manager in the Provincial Government of the Western Cape, as Africa Programme Manager at the Centre for Conflict Resolution, and for International Agencies including the European Union Delegation in Pretoria, and was twice as part of the United Nations Mission to East Timor. He serves as a Managing Director at Tindzaba Consulting (Pty) Ltd, a company dealing with executive coaching, leadership development and conflict resolution in South Africa.

WORK EXPERIENCE

Name of employer Position Period

Government of the Consultant & Senior Manager Jun 2016 - Present Western Cape – Organisational Development

Government of the Director of Human Rights Apr 2006 – Apr 2016 Western Cape : Department of the Premier

Tindzaba (Pty) Ltd Managing Director Jun 2016 - Present

UCT Business School Associate : Centre for Jan 2015 – Present Coaching

European Union Project Manager May 2005 – Mar Delegation 2006

Centre for Conflict Senior Trainer & Africa Apr 2002 – May Resolution Programme Manager 2005

Institute for Multi-Party Research Jan 2000 – Feb 2002 Democracy

105

UN Mission in East Timor District Field Officer 2002 (6 Months)

COMMITMENT TO HUMAN RIGHTS

Involvement in the UN Mission to Timor

QUALIFICATIONS

Qualifications Institution Year

MPhil in Law University of Cape Town 2012

BA(Hons) in Political University of Natal - Durban 1999 Science

Certificate – Executive University of Stellenbosch 2008 Leadership Programme

PROFESSIONAL AND PERSONAL CONDUCT

No known political affiliations

106

Meyersfeld, Prof. Bonita

EXECUTIVE SUMMARY

Meyersfeld is a National Research Foundation Yl - rated scholar (second highest rating in category) due to her numerous research outputs which she has been able to sustain over the years notwithstanding her Directorship of the University of Witwatersrand, Centre of Applied Legal Studies, numerous public duties and women and gender rights activism. Meyersfeld combines her teaching and research schedules with her position as Editor and Chair, South African Journal on Human Rights. She has held research fellowships and is a member of international expert groups, academic/research institutions and non-governmental human rights bodies on gender rights and criminal law. She has written and continues to write extensively (a major book: Domestic Violence in International law, 8 journal articles, 6 book chapters, 15 policy papers, 6 forthcoming publications) and delivered at least 15 addresses/talks on business and human rights, gender rights and domestic violence especially violence against women, and international criminal law at top ranked universities, research institutions, UN expert groups and other international fora in Africa, the United States, United Kingdom and South America.

Work Experience

Employer Position Period Centre for Applied Legal Director, Centre for March 2012 — present Studies (CALS), School of Applied Legal Studies Law, University of (CALS), School of Law. Witwatersrand, South Africa University of Associate Professor, Feb 2010 — present Witwatersrand, South Centre for Applied Legal Africa Studies (CALS), School of Law. House of Lords, United Parliamentary and Legal Jan 2007 – Aug 2009 Kingdom Advisor London School of Visiting Fellow 2008 - 2009 Economics, Centre for

107

Human Rights, United Kingdom International Centre for Legal Researcher Oct - Dec 2006 the Legal Protection of Human Rights (Interights), United Kingdom International Center for Gender Consultant May 2006 - 2007 Transitional Justice New York, United States Edward Nathan & Associate/Candidate 2000 - 2002 Friedland & Knowles Attorney Husain Attorneys, South Africa

Commitment to Human Rights

Meyersfield is the African representative on UN Expert Panel on a binding instrument on business and human rights and member of UN Intergovernmental Working Group on a binding instrument for business and human rights. She established the University of Witwatersrand sexual harassment office and led independent campus- wide inquiry into sexual harassment. Furthermore, her expertise in business and human rights is recognised internationally by the United Nations, the Commonwealth and the South African Human Rights Commission. She is Director of Board and founding member of Lawyers against Abuse, a non-profit body that offers pro bono legal services to women and children suffering from domestic abuse and interacts constantly with NGOs in the field. She has written papers on women in the contexts of post-conflict prosecutions, truth commissions, security sector reform and post-war memorialisation. She has also developed gender and transitional justice multi-media training manuals.

108

Qualifications

Qualification Institution Year Doctorate in Law (J.S.D.) Yale Law School 2003 — 2006 Masters in Law (LL.M.) Yale Law School 2002 — 2003 LLB (Cum Laude) University of the 1998 — 1999 Witwatersrand BA (Law, English, University of Stellenbosch 1994 — 1997 Classical Studies) (Dean's Honour List)

Professional and Personal Conduct

No known political affiliations or improper conduct.

109

Mofokeng, Ms Nomasonto Geraldine

Executive Summary

Ms Mofokeng has fourteen years’ experience working in local government at the Emfuleni Local Municipality. This experience has taught her valuable skills and she is determined to be an expert on good governance and promotion of service delivery. She is an admitted attorney and conveyancer of the High Court. She now works at Emfuleni to promote good governance and the principle of cooperative governance between the three spheres of government from a local government perspective to promote service delivery.

Work Experience

Name of Employer Position Period Emfuleni Local Manager of 2011-Current Municipality Intergovernmental Relations and International Relations Emfuleni Local Manager of Legal 2002-2011 Municipality Services

Commitment to Human Rights

Ms Mofokeng was admitted as an attorney to the High Court in 1997. In order to be admitted as an attorney one must have passed a fit and proper persons test, therefore, one can assume she is fit and proper person.

This candidate has shown a commitment to Human Rights since 2011. This is evident from one of the duties of her current employment which is to; ‘Promote good governance with other organs of state, including chapter 9 institutions.’

This candidate has the applicable knowledge and experiences with regards to service delivery as another duty of her current employment is; ‘To promote good governance and the principles of co-operative governance between the three spheres of government from a local governmental perspective to ensure service

110 delivery.’ This suggests she has knowledge in some of the Commissions objects. Ie. Basic services/ Health care.

Furthermore, according to Ms Mofokeng’s CV, she assists in mentoring High School students in Soweto. This illustrates a commitment to human rights. Basic education is also an objective of the Commission.

However, there is nothing other than these duties that suggests the candidate has a record of commitment to the promotion of respect for human rights.

Qualifications

Qualifications Institution Year

LLB University of South Africa (1994) Executive Leadership South African Local 2007 Municipal Development Government Association Programme Advanced NQ7-Municipal University of the 2016 Finance Management Witwatersrand Business Programme School

Political Affiliations/ Personal Conduct

No Information available.

No knowledge of improper conduct.

111

Lindiwe Mokate

Executive Summary

Ms Mokate is currently at the South African Human Rights Commission (SAHRC) taking responsibility for children and education issues. She has over 20 years of experience working in the children’s rights sector.

Work Experience

Employer Position Period

SAHRC Human Rights 2009- 2016 Commissioner

Parliament of RSA Head International 2006- 2009 Relations

SAHRC Chief Executive Officer 1998- 2005

Department of Trade and Advisor to the Deputy 1997- 1998 Industry Minister

Presidency Program Officer 1994- 1996

Economic Development Wigan metropolitan January 1991- July 1997 Unit Borough Council- UK

Commitment to Human Rights

Ms Mokate has been serving as a Commisioner in the SAHRC in the children’s rights department. There she managed to establish a functional portfolio for Child rights; Co- produce “SA Children: A Review on Equality and Children Rights” and drove business and human rights initiatives, amongst other things, during the period of her tenure.74

74 Available from http://www.parliament.gov.za/Multimedia/pages/2016/South_African_Human_Rights_Commission/Mokate, %20Ms%20Lindiwe.pdf accessed on 29 September 2016

112

Qualifications

Qualification Institution Year

B. Sc (Hon) Economics Unknown

M Education Unknown

MA Economics Unknown

Professional and Personal Conduct

No known political affiliations. However IOL news reported in November 2005 that “SA Human Rights Commission has announced the resignation of chief executive officer Lindiwe Mokate after months of alleged infighting and claims of mismanagement at the organisation. Commission chairperson Jody Kollapen said on Monday Mokate's resignation was "entirely voluntary" and that she was leaving on "amicable terms".75

75 Available from http://www.iol.co.za/news/politics/human-rights-ceo-resigns-258798 accessed on 29 September 2016

113

Mr. Mokonyama Eric Malesela

EXECUTIVE SUMMARY

Eric Mokonyama is the Provincial Manager of the SAHRC office in Mpumalanga. He has practised as an attorney for more than ten years. He is studying for an LLM degree in Human Rights with the University of South Africa.

WORK EXPERIENCE

Name of employer Position Period

South African Human Provincial Manager 2012 - Present Rights Commission, Mpumalanga

South African Human Acting Head of Legal Services 2011- 2012 Rights Commission, Mpumalanga

South African Human Deputy Director 2008 - 2011 Rights Commission

Barnard Attorneys Inc Co-Director/Founder 2006 - 2007

LASA Head of Benoni Justice Centre 2004 - 2005

Mnisi Mokonyama Attorney 1999 - 2004 Attorneys

COMMITMENT TO HUMAN RIGHTS

Previously held a number of positions in the SAHRC.

QUALIFICATIONS

Qualifications Institution Year

LLB University of the North 1996

B. Proc University of the North 1994

114

PROFESSIONAL AND PERSONAL CONDUCT

No known political affiliations

Attorney of the High Court of South Africa

115

Adv Mokotjo Matolwane Ignatius

Executive Summary

Mokotjo is a practising advocate of the High Court of South Africa and has been for the past ten years. In 2008 he was appointed by the Minister of Social Development to serve as a Chairperson of the Independent Tribunal in terms of section 18(2)(b) of Social Assistance Act no 13 of 2004. In this role he presided over decisions on appeals lodged against the decisions of the South African Social Security Agency (SASSA). He was also appointed by the MEC of North West Provincial Government to serve as Chairperson for the Valuation Appeal Board. In 2009 he was appointed by the Minister of Social Department to serve as a Member of the Board of the Disaster Relief Fund.

Work Experience

Employer Position Period

African Legal Networks Legal Advisor October 2003- April 2005 Legal Wise Legal Advisor April 2005- March 2009 Department of Social Chairperson of the 2008- current Development Independent Tribunal North West Provincial Chairperson for the 2012- current Government Valuation Appeal Board Department of Social Member of the Board of September 2009 – Development Disaster Relief January 2014 Practising Advocate Legal Representative July 2006

Commitment to Human Rights

Mokotjo was appointed by the Minister of Social Development as a Member of the Disaster Relief Fund in terms of section 17 of the Fund Raising Act from 2001- 2014.

Qualifications

Qualification Institution Year

Matric Phehello High School 1995

116

Diploma in Bookkeeping Damelin College 1997 LLB University of the Western 2002 Cape

Professional and Personal Conduct

No known political affiliations.

117

Moodley, Ms Pathmavathi (Pat)

Executive Summary

Ms Moodley has nearly thirty years experience in the public sector. In this time she has been a lecturer, researcher, magistrate, director, legal administrator and she is currently the Acting Chief Director for the promotion of Human Rights. Over the years she has worked with various human rights portfolios, monitored the implementation of legislation and facilitated training, public education and community out-reach on children’s rights, sexual offences, trafficking, LGBTI rights, domestic violence, maintenance, access to justice and equality legislation.

Work Experience

Name of Employer Position Period South African Law Researcher and Principal 1997- 1999 Commission: Department State law advisor of Justice and Constitutional Development Durban Family Court Magistrate 2000-2004 National Office (Pta) Director Child Justice and 2004-2006 Family Law Department of Justice Legal Administration 2006-Current and Correctional Services: KZN Regional office

Department of Justice Acting Chief Director for Jan 2010- June 2010 and Correctional promotion of the rights on Services: National Office vulnerable groups

Commitment to Human Rights

118

Ms Moodley was requested by Dullah Omar to serve on a project of the law commission to draft legislation on juvenile justice. Served on the project committee and committee for juvenile sentencing.76 Children’s rights is one of the objects of the commission and Ms Moodley has done extensive research, writing and community work in this field. She has also served as a member of the advice desk for the abused women, has provided legal assistance for many victims of domestic violence77 as well as taken part in conferences to end violence against women and children.78 Further while she was a magistrate she assisted in implementing the newly proclaimed domestic violence act.79 All of this suggests she has a culture of human rights and has the necessary experience with regards to these matters.

She has also written publications ranging from Juvenile Justice80 to women and child abuse and worked as a senior manager at both provincial and national level. As well as been involved in strategic planning at both levels.81 This further illustrates that Ms

76 Child Justice Bill & Criminal Law (Sexual Offences) Amendment Bill: briefing by Department of Justice & Constitutional Development. See https://pmg.org.za/committee-meeting/5201/

77. The Advice Desk for the Abused, the oldest NGO in South Africa to deal with domestic violence, is a registered non-profit, public benefit, non-governmental organization which, since its inception in 1986, has provided crisis intervention for an indicative 400 000 reported cases of domestic violence. See http://showme.co.za/durban/showme-cares/councelling/advice-desk/ : Facilitators: Prof Anshu Padaychee, co-founder of The Desk; Advocate Pat Moodley; Advocate Sharitha Samuels, Swarup Singh, Clinical Psychologist; and Charmaine Williamson, Social Policy Consultant. See http://www.ngopulse.org/event/advice-desk-abused-training-workshop-crisis-interventionists. 78 The team comprised: Phumeza Mafani (NPA), Janine Moolman (Gender Links), Ester Maluleke (Department of Health), Pat Moodley (Department of Justice and Constitutional Development). See http://genderlinks.org.za/wpcontent/uploads/imported/articles/attachments/0164_RSAreport_250806.p df at acknowledgements. 79 Magistrate Moodley explained that sometimes applicants make a decision about whether they will lay a charge in terms of the Domestic Violence Act, rather than proceeding laying a criminal charge, even those it is possible to do so. There may be value to proceeding in terms of the Domestic Violence Act since it can be quicker to do so. See http://genderlinks.org.za/wpcontent/uploads/imported/articles/attachments/10365_wsrep-kzn-gendviol.pdf. 80 ‘Juvenile justice’ co-authored with Skelton A in Skelton A (ed) Children and the Law LHR 1998. 81 ‘Protection from violence is a right’ Liebenberg S (ed) The Constitution from a gender perspective, 1995, CLC, UWC.

119

Moodley has a culture of human rights and is well qualified and has the applicable knowledge and capabilities.

Ms Moodley has also taken part in a number of community projects around women abuse82 and juvenile detention83.

Overall Ms Moodley is an exceptional candidate with a wealth of experience in various fields of human rights law.

Qualifications

Qualification Institution Year BA(Law) University of Durban 1978-1980 Westville. LLB University of Durban 1980-1981 Westville. LLM (Crime of Rape in University of Durban 1996 light of contemporary Westville. legal thought)

Political Affiliations/Personal Conduct

No information available.

No knowledge of improper conduct.

82 Training for KZN network on violence against women and the advice desk for the abused (2008). 83 Trained social workers from Durban Child Welfare on the Children’s Act.

120

Mtshali, Mr Mlungisi Lungi

EXECUTIVE SUMMARY

Mr Mtshali has previously worked as an IT manager for Brand South Africa. His area of expertise is Information technology and marketing. He co-Founded Zen Technologies which specializes in the provision of technology and communication services in education which includes the development of web applications in early learning in mathematics and technology.

Qualifications

Qualification Institution Year Associate in Science Thomas Edison State University Degree, Information Unknown Technology Management Postgraduate Diploma Wits University 2011 Certificate in Project University of South Africa 2002 Management

Work Experience

Employer Position Period Arivia.Kom Network Administrator From 1997 to 2008

Brand South Africa IT Administrator From 2008 to 2011

Digiterra (PTY) LTD Director: Sales & Marketing From 2011 to 2014

Zen Technologies Director From 2014 to 2015

Commitment to Human Rights

121

Mr Mtshali has not demonstrated a prior commitment to human rights.

Political Affiliation:

African National Congress

122

Adv. Mushwana Mabedle Lourence

EXECUTIVE SUMMARY

Advocate Mabedle Mushwana is the Commissioner and Chairperson of the South African Human Rights Commission. He also served as the Public Protector of the Office of the Public Protector and a Member of Parliament.

WORK EXPERIENCE

Name of employer Position Period

South African Human Chairperson and Oct 2009 – Present Rights Commission Commissioner of the Commission

Office of the Public Public Protector Oct 2002 – Oct 2009 Protector

Parliament of South Africa Member of Parliament 1994 – 2002

M L Mushwana Attorneys Founder and Sole Director 1992 - 2002

Phosa Mojapelo Candidate Attorney 1988 – 1991 Attorneys

University of Zululand Lecturer (Part-time) 1986 – 1987

Department of Justice Principal Magistrate 1980 – 1985

Department of Justice Senior Magistrate 1976 – 1980

Department of Justice Prosecutor 1974 – 1975

Department of Justice Court Interpreter and Clerk of 1972 – 1974 the Court

COMMITMENT TO HUMAN RIGHTS

Chairperson and Commissioner of the South African Human Rights Commission

123

QUALIFICATIONS

Qualifications Institution Year

LLB University of the Zululand (Ongoye) 1987

Diploma Legum (Senior University of the Zululand (Ongoye) 1984 Law Diploma)

B.Juris University of South Africa 1982

Diploma Juris (Junior Law University of the Zululand (Ongoye) 1975 Diploma)

PROFESSIONAL AND PERSONAL CONDUCT

Advocate of the High Court of South Africa

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Ms Muthien Bernadette

Executive Summary

Muthien has had a career that has spanned both academia and public service. She has held leadership and board position locally and internationally. She is also a published poet, scholar and senior executive manager, and has worked in the intersectional areas of human rights, diversities, conflict resolution and change management. Her childhood activism included deep immersion in the anti-Apartheid human rights sectors, as well as the student and youth movements of the 1980s. She is the author of more than 160 publications and conference presentations on all 6 continents during the past 18 years. Her professional memberships include the Western Cape Network on Violence against Women; the pan-African gender network, Amanitare; the Women’s International Network on Gender & Human Security, the Association for Women in Development (AWID), as well as the International Peace Research Association, whose Global Political Economy she has convened since 2000.84

Work Experience

Employer Position Period

Social Transformation Deputy Director General July 2015- August 2016 and Economic Empowerment Department of Women in the Presidency Constitutional Commissioner (Part-time) March 2014- February Commission for the 2019 Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Bernadette Muthien & Independent Consultancy October 2013- June 2015 Associates

84 Available from http://www.engender.org.za/board.html last accessed 28 September 2016.

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Engender Executive Director and 2003- 2013 Founder Independent Consultant 2001- 2003 Centre for Conflict Research Associate 1998-2002 Resolution University of Cape Town Programme Convenor 1999-2001 National Association for Human Rights Research 1999 Democratic Lawyers and Advocacy Project, (NADEL) Senior Researcher Independent Electoral Election Administrator 1994 Commission (IEC) and Counting Monitor IDASA Western Cape Trainer in Electoral 1993- 1994 Education Programme

Commitment to Human Rights

Muthien was appointed as part-time Commissioner of the Chapter Nine Constitutional Commission for the Protection and Promotion of the Rights of Cultural, Religious, and Linguistic Communities in South Africa and as the Chairperson of its Section 22 Committee on Research and Policy Development. She has worked in the intersectional areas of human rights, diversities, conflict resolution and change management.

She is co-founder of an indigenous scholar-activist network, the KhoeSan Women’s Circle, in addition to convenor of an international list of Native scholar-activists, Gender Egalitarian. Her current research centres on the Egalitarian KhoeSan – Beyond Patriarchal Violence, in other words, how social and gender egalitarianism are coterminous with nonviolence, as well as showing that nonviolent and egalitarian societies have existed throughout time and continue to exist at present. She is a South African who has devoted her life to strategic interventions on the issues of violence and gender equality in order to bring about a better future in South Africa, and a model for other parts of the world.85

85 Available from http://www.engender.org.za/board.html last accessed 28 September 2016.

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She is the founder of Engender, an organisation that is committed to building equitable, just and nonviolent societies of people in South Africa and elsewhere.86

Muthien is also on the Executive Council of the International Peace Research Association (IPRA) and is Deputy Chairperson and co-founder of its African Peace Research & Education Association (AFPREA) and convenor of IPRA Global Political Economy Commission. She has held leadership position roles in the fields of nation building and social cohesion since the 1990s with the Cape Town Interfaith Initiative, Parliament of the World’s Religion, South African Association for Conflict Intervention, Women’s International Network on Gender and Human Security (WINHGHS).

Qualifications

Qualification Institution Year

M.A Political Science Stellenbosch University 2006- 2007 B.Soc.Sci Honours University of Cape Town 1993 (Political Studies) B.A University of Cape Town 1990- 1992 Research Fellowship Andrew W Mellon 2006- 2007 Research Fellowship National Research 1999- 2000 Foundation Fellowship and NRF Travel Grant First FullBright-Amy Stanford University, USA 1994- 1995 Fellowship Scholarship Centre for Science 1990- 1993 Development (CSD) Scholarship, German Academic Exchange Service (DAAD)

86 Available from http://www.engender.org.za/about.html#who last accessed 28 September 2016.

127

Professional and personal conduct

Muthien has been critical of the government’s positon regarding women’s rights in an interview she stated:

“I believe our government is a patriarchal institution. The political party that comprises the government, and all other political parties for that matter, serve patriarchy. The political party the government is made out of has a women’s league, which has paid lip service to gender issues and women’s concerns. They are there to support the President and the political party and not to push gender issues or any issues in general, because their members care for political positions and for power. So if I am in the women’s league and I want to be a minister or get another fancy job or if I want to benefit from politics, then I have to support the patriarchal institution. In return patriarchy will keep me around because it wants people to support it. So I do not think we have the political will around gender issues. I think we have become even more archaic than before in regard to the extent to which it now has become normalized to have more than one wife, for example. Various other things have become normalized. The President speaks on national television during a talk show and says how grateful he is that his daughter is getting married, because a woman is not a woman until she is married and has children. I think things are not getting better and a reason for that is a lack of political will which compounds the lack of resources available. We have gender NGOs and such NGOs are being forced to close because of a lack of funds. Engender now operates in my home – we do not have an office anymore, we even had to stop our landline. You get squeezed by patriarchal institutions in order to stop your work. But we simply cannot stop our work, with or without funding.”87

She has written poetry regarding women’s rights and is strong gender activist.88

87 Available from http://www.fairobserver.com/region/africa/gender-based-violence-south-africa-interview- bernedette-muthien/ last accessed 28 September 2016. 88 Available from https://feminismandreligion.com/2013/02/28/gendercide-words-and-poem-by-bernedette- muthien/ last accessed.

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Ngoato, Mr Hartley Sandy

Executive Summary

Mr Ngoato has eight years experience as an attorney of the high court. He has also worked in the corporate sector for over ten years, namely as a human resource manager. He completed his articles at Edward Nathan Sonnenbergs Inc and was admitted as an attorney of the High Court.

Work Experience

Name of Employer Position Period

Truth and Reconciliation Corroborator: Gross 1998 Commission Human Rights Violations Zeuna Staerker Pty (ltd) Human Relations 2002-2006 Manager Henkel South Africa Pty Human resource 2011-2012 (ltd) executive Self Employed Attorney at “Ngoato 2008-Current Attorneys”

Commitment to Human Rights

Mr Ngoato started his career at the Truth and Reconciliation Commission as a researcher of gross human rights violations. He was admitted as an attorney to the High Court of Pretoria in 2009.89 In order to be admitted as an attorney one must have passed a fit and proper persons test, therefore, one can assume he is fit and proper person. There is, however, no mention of a commitment to the promotion of human rights on this website90.

I have also found no evidence of any involvement in the field of human rights from either the internet or his CV.

89 Ngoato Hartley Sandy 22026/98 African Male Pretoria Appointed 1998/10/27. See http://www.justice.gov.za/advroll/adv-roll-appointed-pta.pdf at 26. (Accessed on 26th September 2016). 90 http://www.ngoato.co.za/services.php.

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Further, I have found no evidence to show that Mr Ngoato is a person with applicable knowledge or experience with regard to matters connected with the objects of the Commission. There is no doubt he has experience this experience does not seem to be in the area of human rights law.91

Qualifications

Qualification Institution Year B. Proc Degree Vista University 1995 LLB Degree Vista University 1996

Political Affiliations/ Personal Conduct

No information available.

No indication of improper conduct.

91 His practice specialises in ; Labour Law, Contract Law, Civil Law, Corporate & Commercial Law, Insurance Law, Debt Collection., RAF Claims, Deceased Estate Administartion, Divorce & Family Law, Crcximinal Law, Labour Law,Child Maintenance.

130

Nissen Chris Mr i

Executive Summary92

Mr Chris Nissen is currently the Director of the National Sea Rescue Institute. Nissen started his professional career as a church minister and anti-apartheid activist in the late 1970s. He then became an ANC MEC in the Western Cape after 1994 and would later become the Chairperson of the ANC in the Western Cape. He also expanded into business when he was asked to join Cape Empowerment Ltd. Nissen went on to become CEO of Umoya Fishing, then served at investment holding company Vunani. He sits on numerous board including the Woolworths board as well as the Standard Bank board. After many years in business, he has begun to consolidate his business involvement and has returned to serving his community as a pastor.

Work Experience 93

Employer Position Period

Ascension Prop Ltd Independent Non- November 2011 – To Executive Chairman Date Cape Empowerment Ltd Independent Non- 2010 – To Date Executive Chairman Standard Bank Group Ltd Independent Non- 2003 – To Date Executive Director Randgold & Exploration Independent Non- 2003 – To Date Company Executive Director Boschendal (Pty) Ltd Chairman 2003 – To Date

Namish (Pty) Ltd Chairman 2002 – To Date

South African Maritime Chairman 2001 – To Date Safety Authority Sea Harvest Corporation Chairman 1998 – To Date Ltd Umoya Fishing (Pty) Ltd Chief Executive Officer 1991 - N/A

92 http://www.financialmail.co.za/profiles/2013/03/07/a-man-of-the-people 93 http://whoswho.co.za/andrew-nissen-1142

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Golden Arrows Bus Director N/A Services Woolworths Holdings Ltd Director N/A

South Atlantic Fisheries Chairman N/A

JCI Limited Non-Executive Director 2006 – 2011

Tiger Brands Limited Independent Non- 2000 Executive Director Masakhane National Head 1998 -2011

Western Cape Region Minister of Economic 1994 – 2011 Government Affairs Western Cape Region Executive Council for 1994 – 1997 Government Economic Affairs(WC) Reformed Presbyterian Minister 1980 – 1993 Church Vunani Ltd Executive Chair N/A

Commitment to Human Rights

In the early 1980s, Nissen became a minister of the Reformed Presbyterian Church where he served his church and community alike. During the 1980s, he became more and more political, and he eventually became a community organiser. He then joined the Western Cape Council of Churches where he became an active member and through his involvement with the council, he attended training overseas for HIV/AIDS.

He was one of the founding members of the United Democratic Front in the Western Cape, and due to his political activism, and involvement in fighting the Apartheid regime, he has streets name after him in his honour in the Western Cape.

He has served his party, his province and country. After years in business, he has recently returned to serving his community as a minister yet again94. In a recent interview with the Financial Times, he was asked why he chose to return to ministry

94 http://www.financialmail.co.za/profiles/2013/03/07/a-man-of-the-people

132 and he said that his “whole life has been one of serving people”95. Mr Nissen has served his people in all capacities, as businessman, as a minister, as a politician and as an activist.

Qualifications

Qualification Institution Year Joint Diploma in Theology Federal Theological 1980 Seminary, PMB Bachelor of Arts; BA University of Cape Town 1988 Honours Masters of Arts University of Cape Town 1990

Professional and Personal Conduct

Mr Nissen is a member of the African National Congress, and was once the chairperson of the ANC in the Western Cape, and he also served in the Western Cape government at one point96. Further, he was involved in business dealings with the controversial Brett Kebble, and preached at Kebble’s funeral.97

Furthermore, in January of last year, it was alleged that Mr Nissen had been arrested for drunken driving in the Western Cape.98 According to the allegations, Mr Nissen was scheduled to appear in court on 22 October 2015.

95 http://www.financialmail.co.za/profiles/2013/03/07/a-man-of-the-people

96 http://www.bdlive.co.za/opinion/columnists/2014/02/13/the-catastrophic-failure-of-the-western-cape-anc

97 http://www.financialmail.co.za/profiles/2013/03/07/a-man-of-the-people

98 http://www.news24.com/SouthAfrica/News/Chris-Nissen-arrested-for-drunken-driving-20150127

133

Mr. Njikelana Sisa James

EXECUTIVE SUMMARY

Sisa Njikelana served as a member of parliament for 10 years until May 2014. He also served as Chairperson of Portfolio Committee on Energy. Njikelana has served as Director to a number of companies as well as in government departments.

WORK EXPERIENCE

Name of employer Position Period

South African Chairperson Oct 2009 – Present Independent Power

Parliament of South Member of Parliament 2004 - 2014 African

Tshedza Trust Trustee 1999 - 2004

NEHAWU Investment Director Company (Pty) Ltd

Ruhanyu Investment Executive Director Company (Pty) Ltd

XHASA ATC Chairperson of Audit Committee and Director

COPE Affordable Housing Director 1994 - 1999

Eastern Cape Provincial Director: Eastern Cape Socio- 1998 - 1999 Government Economic Consultative Committee

134

Greater Johannesburg Councillor 1995 - 1998 Metro Council

SA Community Bank National Manager: Organising 1993 - 1995 and Stakeholder Relations

COMMITMENT TO HUMAN RIGHTS

Involved with the Pan African Parliament and participated in the United Nations Framework Conventions on Climate Change (COP 15)

QUALIFICATIONS

Qualifications Institution Year

Diploma (Applied Social Oxford University (UK) 1993 Studies)

Certificate in Leadership Rhodes University 2006 Communicate

PROFESSIONAL AND PERSONAL CONDUCT

ANC

135

Ntlama, Prof. Nomthandazo Patience

Executive Summary

Professor Ntlama is an associate professor of Public Law with 15 years experience in academia and research. She has written many articles and chapters in books, the subjects of which range from gender equality, the advancement of Customary Law in South Africa and social change. In 2002 she won the UNESCO AWARD with the UNESCO Oliver Tambo Human Rights Centre at the University of Forte Hare for advancing Human Rights. Furthermore, this year she completed the Basic Aspirant Programme for Judges Training.

Work Experience

Name of Employer Position Period University of Stellenbosch Research Assistant: Unit 2001 for legal and constitutional interpretation Nelson Mandela School Lecturer in Criminal Law 2002-2004 of Law and Procedure South African Human Researcher in Equality 2004-2007 Rights Commission Unit UNISA Senior Lecturer 2007-2011 UNISA Associate Professor 2011-2012 Department of Public Constitutional and International Law University of KwaZulu Acting Dean of Research 2012-2013 Natal University of KwaZulu Associate Professor of 2013-Current Natal Public Law

Commitment to Human Rights

136

Professor Ntlama wrote her first published article about socio-economic rights in 2003.99 Since then she has had a number of articles published on issues from equality100, social change and gender.101 Professor Ntlama is also a commissioner for the Judicial Services Commission and represents the Association of Law Teachers of South Africa.102 She was also a coordinator for the UNESCO Chair of Human Rights “Street Law and Democracy for All Youth ambassadors outreach programme” and received a certificate in Comparative Human Rights from Stellenbosch. Furthermore, she obtained an LLM entitled ‘Implementation of Court orders in respect of socio-economic rights in South Africa’ and a Doctor of Law degree entitled ‘Impediments in the right to gender equality in post-apartheid South Africa.’ It is this experience which suggests the candidate has a strong commitment to the culture of human rights and she has experience with regards to certain objects of the SAHRC.

Qualifications

Qualification Institution Year B.Juris Degree University of Forte Hare 1997 LLB University of Forte Hare 2000

99 ‘The effectiveness of the Promotion of Access to Information Act for the protection of Socio- economic rights’ SLRJ. “Access to information regarding human rights contributes to an ideal and open democratic society” At introduction. 100 ‘The Development of Jurisprudence on equality in respect of socio economic rights’(2006) De Jure Journal. “The Constitution recognises socio-economic rights as justicable because they can be of assistance to those who are unable to support themselves when challenging the state for non- delivery.” 101 ‘Reflections on the rejection of the right to sexual orientation by the institute of traditional leadership: lessons from South Africa’ (2014) Development and Democracy. “This article focuses on the importance of ubuntu in the protection of the rights of couples in same-sex relationships in the regulation of the traditional authority. The author argues that traditional leaders cannot use their position of authority and influence to promote divisive and stereotypical attitudes.” 102 During her six-year term of office, Ntlama will attend to all matters of the JSC including participating in interviews of judges, disciplinary hearings, legal action instituted by or against the JSC as well as providing reports to the Society about the functioning of the institution. As a representative of the SLSTA she has to ensure the voice of the Society is heard in the JSC and that the institution has meaningful representation in the prestigious body.

137

LLM (Public Law) University of Stellenbosch 2003 LLD University of South Africa 2010

Political Affiliations/ Personal Conduct

No information available.

No known improper conduct.

138

Nyembezi Xhawulengweni Nkosikhule Mr ii

Executive Summary

Mr Nkosikhule Xhawulengweni is currently employed as an advisor in the department of Cultural Affairs and Sports Ministry for the Western Cape Provincial Government. Nyembezi is a human rights advocate and activist with a long history of fighting injustices, speaking truth to power and promoting human rights. He was recently shortlisted as a candidate for the IEC commission vacancy. He has worked and for and with many civil society organisations in his 20+ years as an activist, social commentator and political analyst103. In the past, he has worked with the South African Human Rights Commission in combating and fighting xenophobia. He is currently the Board Chairperson of the Election Monitoring Network, and the Co- Chair of the National Co-ordinating Forum, which works closely with IEC104. Furthermore, he is a respected social commentator who over the years has and continues to publish regularly in newspapers such as Cape Times and Die Burger, and is a resident contributor on UKhozi FM and Umhlobo Wenene. He is currently pursuing his doctoral studies at the University of Cape Town.

Work Experience 105

Employer Position Period

Member of the Western Capet Provincial Western Cape Government Geographic Naming June 2016 – To date Committee Advisor for Cultural Affairs and Sport Ministry (WC) University of Cape Town Graduate Associate and November 2015 – To date Researcher

103 http://www.judiciary.org.za/doc/IEC-Candidate-2016_Mr-Nyembezi.pdf

104 http://whoswho.co.za/nkosikhulule-nyembezi-1879221

105 Work experience compilation based on above link and the cv http://whoswho.co.za/nkosikhulule- nyembezi-1879221

139

Human Sciences Research Research Assistant March 2015 – November Council 2015 National Anti-Corruption Civil Society Convener January 2008 – To date Forum Election Monitoring Board Chairperson January 1996 – To date Network National Economic Development Chamber April 2008 – December Development and Labour Member 2014 Council Black Sash National Advocacy October 2007 – March Programme Manager 2013 Dance4lLife School Project Co- August 2000 – September ordinator 2007 XIII International AIDS Skills Building Convener September 1999 – April Conference 2000 Independent Newspapers Reporter July 1996 – September (Pty) Ltd 1997

Commitment to Human Rights

Mr Nyembezi has worked tirelessly over the 20 plus years as a human rights activist and advocate for social change. During his time at the Black Sash, he responsible for preparing for and participating in the National Poverty Hearings as part of the National Civil Society Forum’s contribution to the hearings. He also prepared and presented submissions on various issues to Parliamentary Committees. Furthermore, he participated on various policy-making processes as the consultative process with NGOs, CBOs, research and academic institutions on a wide range of issues including; National Credit Act, Company Act, Consumer Protection Act, Social Assistance Amendment Act.106

At the Centre for Law and Society, he was Constitutional Law and Human Rights Researcher on Southern Africa Elections, Mediation and Conflict Resolution.107His

106 https://pmg.org.za/committee-meeting/11475/ 107 http://www.cls.uct.ac.za/graduate-associates

140 commitment towards human rights was also shown during the xenophobic attacks of 2008 and 2009 that engulfed South Africa where he partnered up with the South African Human Rights Commission in combatting these attacks.108 He has worked with the Human Rights Commission in other projects such as the planning the public hearings on the right to food109.Not to mention that he has participated in development and implementation of anti-corruption programmes as a Community Constituency representative.110 Further he has written extensively and made it his life mission to educate South Africans of their rights and has often spoke truth to power and served as an accountability mechanism for government. Earlier this year, he penned down a number of articles aimed at highlighting the prevalence of teenage pregnancy.111

Time and time again, he has shown that he is committed in ridding society off patriarchy and advocating gender equality. During the IEC interviews at the beginning of the year, he was asked his opinion as to why they were no women commissioners in the IEC, and to give his diagnosis of the problem, he responded by saying that as someone who is for women empowerment he would not want to be part of a team comprised solely of males, and that the slow transformation was due to the “attitudes of us men”112

Qualifications

Qualification Institution Bachelors of Administration Honours in University of the Western Political Studies Cape Masters of Administration in Political Studies

108 www.ngopulse.org/article/we-must-come-together-end-xenophobi-violence & www.iol.co.za/mercury/kings-Imbizo-was-a-success-1848257 109 http://reference.sabinet.co.za/webx/access/eletronic_journals/esrrev/esrrev_v13_n2_a 110 http://www.nacf.org.za/ ; https://www.highbeam.com/doc/1G1-182399498.html 111 http://www.iol.co.za/mercury/pupil-pregnancies-why-we-should-care-1847792 112 http://www.news24.com/SouthAfrica/News/IEC-interviews-no-women-commissioners-at-the- moment-20150615

141

Professional and Personal Conduct

No known political affiliations or improper conduct.

142

Mrs. Nzimande Clara Phumelele

EXECUTIVE SUMMARY

Clara Nzimande is a Commissioner of Public Service Commission and former Commissioner of the Commission of Gender Equality. She has held several executive positions in government and the SABC. Clara previously practised as a Professional Nurse. She is also a board member of Black Sash Trust.

WORK EXPERIENCE

Name of employer Position Period

Public Service Commissioner 2011 - 2016 Commission

SABC Chief People Officer 2007 - 2011

SABC Group Executive: Public, 2005 - 2007 International and Regulatory

Department of Deputy Director 2000 - 2005 Communications

Commission of Gender Commissioner 1997 - 2000 Equality

University of Natal Director: Student Employment 1991 – 1999 Project

Speak Women’s Researcher and Writer 1987 - 1991 Magazine

Piet Retief and McCord Professional Nurse 1979 - 1985 Hospital

COMMITMENT TO HUMAN RIGHTS

Commissioner of Gender Equality

Board Member of Black Sash Trust

143

QUALIFICATIONS

Qualifications Institution Year

Bachelor of Social University of kwaZulu-Natal 1996 Science (Hons)

Bachelor of Social University of Natal 1995 Science

Professional Nurse and McCord College of Nursing 1977 Mid-wife

PROFESSIONAL AND PERSONAL CONDUCT

No known political affiliations

144

Mrs Sungaree Pather

Executive Summary

Mrs Sungaree Pather is currently a member of the Electoral Court as well as a part time commissioner for the Dispute Resolution Centre under the Motor Industry Bargaining Council. She is also a consultant at Vash Choudree and Associates, Attorneys and Conveyancers. Mrs Pather has also been an acting Judge in the High Court, Labour Court as well as in the Land Claims Court. Mrs Pather has spent much of her time, over the years as a commissioner dealing with dispute resolutions in the Council for Conciliation, Mediation and Arbitration (CCMA) as well as some Bargaining Council. Mrs Pather has also been involved with the Action for Autism campaign by offering free legal advice and services to this non-profit organisation.

Work Experience

Name of Employer Position Period

Special Pensions Appeal Chairperson 2011-2016 Board

Motor Industry Bargaining Managing Commissioner 2006-2011 Council: Dispute Resolution Centre

CCMA Commissioner 1996-2006

Krish Govender & Professional Assistant 1982-1996 Company

Moola & Singh Attorneys Professional Assistant 1979-1982

George Sewpershad & Candidate Attorney 1976-1979 Company

Commitment to Human Rights

Mrs Pather has been within the legal fraternity for a very long time and carries with insurmountable experience in the legal field. Having been both a judge and a

145 commissioner Mrs Pather has had the experience of dealing with the important application of the law that is consistent with the Constitution of the land.113 She has presided over a lot of cases over her years in the legal field and there is not information of her failure to remain committed to the human rights cause. As a recent appointee to the Electoral Court,114 her appointment is a testament to the recognition given to the work that she has done within the legal field. As a judge and or a commissioner, she has had to look after the human rights of many of the parties that came before her. There is no information that even remotely suggests that she did not do this adequately. This is telling of the commitment she has for human rights. She is a founding member of the National Association for Democratic Lawyers (NADEL). This is a progressive voluntary organisation which comprises of legal practitioners who seek to promote and defend the constitutional order to ensure access to justice.115

Qualifications

Qualifications Institution Year

Bachelor of Arts University of Durban- 1973-1975 (Philosophy & Private Westville Law) BA

B. Proc University of South Africa 1976-1978

Admitted as an Attorney High Court 1979

Professional and Personal Conduct

No information on political affiliations or any personal misconduct available.

113 Fuel Logistics Group (Pty) ltd v Stephens no and others (d902/08) [2011] ZALCD 15 (29 June 2011) 114 Available at http://www.sanews.gov.za/south-africa/president-appoints-judges-labour-electoral-high-courts last accessed 27 September 2016 115 Available at https://www.lawsoc.co.za/default.asp?sl=&id=1972 last accessed 28 September 2016

146

Paulus Elroy Mr

Executive Summary

Mr Paulus is a non-governmental sector worker, experienced in strategies to realise the states obligation to deliver on constitutional imperatives. He is adept at operating as part of a team or solo and possesses the strength of personality and wide ranging experience to be comfortable engaging a range of governmental officials up to minister level. He has a natural ability to deconstruct practical and policy challenges, conceptualise strategies and operationalize these. Furthermore, he has extensive hands on experience in oversight of large budgets and project staff and is well published author and public representative who is comfortable dealing with the media.

Work Experience

Name of Employer Position Period Cape Town City Mission Programme coordinator 1995-1997 Fair Share School of Senior Researcher and 1997-2003 Government Publications Officer COSATU (Parliamentary Research Coordinator 2003-2006 office) Arrabella Community Kleinmond 2006-2014 Trust Representative and current alternative chairperson The Grail Programme Public Policy analyst and 2006-2007 Local Government liaison officer COSATU Part time consultant and 2007 Researcher The Black Sash National Advocacy 2007-Current Manager and Media Spokesperson

147

Commitment to Human Rights

Mr Paulus has showed a commitment to the culture of human rights since the late 1990s when he co-ordinated and assisted in the establishment of the Cape Town City Mission community centre and managed its staff. He has travelled around the country to assist communities on how local governments work and the impacts of community participation on policy. He has written articles on this topic which range from ‘Making a Law- A guide to Municipal Councils’116 to ‘A guide to local community advocacy for social and economic justice entitled “Masisukumeni”.’117 Furthermore, he has written articles on social grants in respect of pensioners and children118 and co-authored ‘Rights roles and responsibilities- the implications of the Grootboom case rulings on housing and women’.119 He has also served on the Section 11 committee of the SAHRC in 2013. Mr Paulus is currently responsible to resource and escalate human rights work, plan, support and collaboratively implement advocacy activities with Black Sash and Civil society organisations with the focus of strengthening the role of community based structures and organisations. He is therefore very experienced in the areas of rural development, human rights and law enforcement and somewhat experienced in the areas of children’s rights, older persons and access to justice. It is this research and hands on experience which makes Mr Paulus a suitable candidate for the SAHRC.

Qualifications

Qualification Institution Year B. Tech in Chemical Cape Technikon and 2002 Pathology Gruute Schuur Hospital

116Published by UWC Community Law Centre 2002. 117 Published by SABC’s Justice and Peace Department Economic Desk 2004. 118 Pensioners and Children will be Poorer: Social Grants Increases are below Inflation. (Ground Up 2016). “With more than one third of South Africa’s population dependent on social grants, Finance Minister Pravin Gordhan’s announcement that grants are not even going to keep pace with inflation is disappointing. One of the key state instruments to reduce extreme inequality and poverty remains the significant rollout of social grants and the strengthening of social security reform initiatives. We commend his stated intention to extend the social safety net. State allocations by government to those who rely on social grants in our nation, especially at this time, are utterly crucial.”

119 2002.

148

Political Affiliations and Personal Conduct

No information available.

No know improper conduct.

149

Phooko Retselisitsoe Moses Dr iii

Executive Summary

Dr Phooko has recently been awarded a Doctorate of Laws by the University of South Africa where he is a Senior Lecturer, and serves as a supervisor for LLB, LLM and PhD. He has a number of accolades under his belt; during his studies he received a number of bursaries such as the Attorneys Fidelity Fund Bursary, and the prestigious Ismail Mohammed Fellowship120. He is a published academic who has penned down a number of journal articles as well as chapters in books. He served his articles at the Legal Resources Centre in Durban and has gone to clerk for the now retired, Justice Yacoob, at the Constitutional Court. He is an active member of the Law Society of South Africa, holds a number of positions within UNISA and he has an interest in public international law; an interest that is visible in his publications.121

Work Experience

Employer Position Period

University of South Africa Senior Lecturer January 2012 – To date

Law Society of South Project Facilitator March 2015 – To date Africa Public Protector of South Quality Assurance Legal December 2013 – To Africa Editor date University of North West Lecturer August 2011 – December 2011 SERI Researcher June 2011 – July 2011

Constitutional Court Clerk July 2009 – June 2010

Legal Resources Centre Candidate Attorney January 2007 – June 2009 Commitment to Human Rights

120 http://www.unisa.ac.za/default.asp?Cmd=ViewContent&ContentID=94900

121 Ibid.

150

Dr Tshoose’s commitment to human rights is illustrated in publications and areas of research interests. His primary area of teaching is HIV/AIDS and the Law122, an area which deals not only with societal stigma but possible discrimination that affected and infected people may face stemming from the law. He uses the lecturing platform to train legal scholars about all this and more, and he indirectly contributes to the development of this area of law.

Further, he has written extensively on cases that affect the socio-economic rights of ordinary citizens. In one of his journal articles titled “A critical analysis of the decision of the Constitutional Court: Maphango v Aengus Lifestyle Properties (Pty) Ltd 2012 (3) SA 531”, he highlights the unequal bargaining power between landlords, and tenants especially when tenants are ordinary folks with no legal background. He further attempts to strike a balance between social justice and implementation of the law. In the conclusion of that article, he acknowledges the difficulty of cases where the court is called to decide on two competing interest namely “access to adequate housing and the right of the landlord to charge rent in order to keep his business going”123. This not only shows his commitment but also that he understands the intricacies and complications that are faced by legal practitioners in upholding human rights.

In another article titled, “When Ancestors Call an Employee: Reflections on the judgement of the Supreme Court of Appeal in Klevits Kroon Country Estate v Mmelodi”, he illustrates a deep understanding of the shortfalls in which labour practices, like many other facets of South African law have failed to fully incorporate customary law into the fold. That cases dealt with an employee who had been refused leave in order to attend her ancestral calling, and she eventually went against her employer’s decision and attended to the calling, and upon her return she was dismissed.

One can give numerous other examples of instances where his commitment has shone through his writing but the above two examples serve to give testament of that commitment.

122 http://www.unisa.ac.za/default.asp?Cmd=ViewContent&ContentID=94900

123 Pager 718 of the Obiter 2012,

151

Qualifications

Qualification Institution Year Doctor of Laws (LLD) University of South Africa 2016 Master of Law (LLM) University of Notre Dame 2011 Bachelor of Law University of the North 2007 West United Nations Regional United Nations Economic 2014 Course on International Commission for Africa Law for Africa Practical Legal Training University of Kwa-Zulu 2007 Short Course Natal, Howard College. Diploma in Human Rights University of the North 2003 West

Professional and Personal Conduct

No known political affiliations or improper conduct.

152

Lulama Andisa Potwana

Executive Summary

Lulama Andisa Potwana is the director for Consumer Law and Policy at the Department of Trade and Industry (dti). In 2000 he was admitted as an attorney at the Kwazulu-Natal High Court. He further obtained a right of appearance in the High Court of South Africa in 2002 while serving as the Head of the High Court Civil Litigation Unit at the Legal Aid Board Pietermaritzburg. Potwana holds BJuris and LLB degrees. He has practised law in a private law firm and non-profit organisations. He has also worked as a lecturer at the University of Natal’s Campus Law Clinic, project manager for the Small, Medium and Micro Business Enterprises Project during which time he specialised in commercial law and the Legal Aid Board (High Court Unit) specialising in civil litigation. Prior to joining the dti he was a senior legal counsel at the Competition Commission of South Africa for three years (2006- 2009).124

Work Experience125

Employer Position Period

Department of Trade Director: Consumer & October 2009 - date (9 and Industry Competition Law and Policy years)

Department of Trade Acting Chief-Director: August 2014 – and Industry Monitoring and Evaluation September 2015 (1 year 2 months)

The Competition Legal Counsel and Later October 2006 – Commission of South Senior Legal Council September 2009 (3 Africa years)

The Legal Aid Board, Supervisory Professional April 2006 - September Pinetown Assistant 2006 (+/- 6 Months)

124 Available from http://www.parliament.gov.za/Multimedia/pages/2016/South_African_Human_Rights_Commission/Potwana, %20Mr%20Lulama%20Andisa.pdf last accessed on 26 September 2016. 125 Available from https://www.linkedin.com/in/andisa-potwana-78427754 and see note 1 both last accessed on 26 September 2016.

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The Legal Aid Board, High Court Professional January 2004- March Pietermaritzburg Assistant 2006 (2 years)

University of Kwa-Zulu Project Manager - SMME September 2002 – Natal Campus Law & Lecturer December 2003 (1 year 4 Clinic months)

Linda Mazibuko and Legal Assistant March 2001 – August Associates 2002 (1 year 6 months)

Commitment to Human Rights

Potwana has worked tirelessly to advance human rights protection in various areas. He worked in organisations such as the University of Kwazulu-Natal Law Clinic, where he provided legal services to SMMES Project and other outreach programs on a pro bono basis. Later he served at the Competition Commission of RSA, where he conducted research and provided legal advice on corporate issues involving, amongst others, Anti-competitive conduct, Mergers and Acquisition (which are areas that have a high bearing on the interests and rights of various stakeholders such as, but not restricted to, consumers/ clients and employees of companies involved in the abovementioned conducts). He is currently serving at the dti where his duties include researching issues pertinent to vulnerable members of society in connection to the Alienation of Land Act and National Credit Amendment Bill, amongst other Acts. He further provided legal advice to the Minister on the aforesaid Legislations. Lastly, Potwana was a legal assistant providing services to clients with criminal and labour dispute matters.126

Qualifications

Qualification Institution Year

LLM (Mercantile Law: University of Pretoria 2016 (Currently enrolled) Consumer Protection)

126 Available from http://www.parliament.gov.za/Multimedia/pages/2016/South_African_Human_Rights_Commission/Potwana, %20Mr%20Lulama%20Andisa.pdf last accessed on 26 September 2016

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LLB University of Transkei, 1998 (Completed) Mthatha

B. Juris University of Transkei, 1996 (Completed) Mthatha

Certificate in Ms Word, CTU Training Solutions, Ms Excel, Ms Outlook & Pretoria Ms PowerPoint

Certificate in Legislative University of Pretoria Drafting

Course in Coaching and Results Directed mentoring Management CC

Certificate in Commercial Law Society of Ireland Law and Law Society of South

Africa

Summer Course on Academy of European European Competition Law, Germany. Law

Professional and Personal Conduct

No known political affiliations or improper conduct.

155

Mr Anandroy Ramdaw

Executive Summary

Anandroy Ramdaw is a practising attorney under the South African Law Society for more than 30 years. He is also admitted as a Barrister in Australia. Ramdaw is a very experienced legal practitioner who has been engaged in a variety of programmes within the legal field. Ramdaw was a Commissioner at the Council for Conciliation, Mediation and Arbitration (CCMA) as well as the Small Claims Court. He has also been an Acting Judge in the Labour Court. He also did pro bono work as a magistrate in the regional and district magistrate court. Ramdaw was also shortlisted for interviews in the May 2016 full-time post at the South African Human Rights Commission (SAHRC). Ramdaw runs a successful legal practice firm since 1983.

Work Experience

Name of Employer Position Period

Roy Ramdaw Associates Director 1983-Present Inc.

CCMA Part-time Commissioner 1996-2006

Astor Law International Associate 2010-2011

Various Bargaining Part-time Arbitrator 2006-Present Councils

Commitment to Human Rights

Ramdaw has need engaged in human rights work since the 1980’s. He has showed this in his private legal practice by his generous acceptance of pro bono work. His private practice has a level 1 BBBEE rating which shows his commitment to transformation as an important aspect of respecting human rights. Ramdaw is also a member of the National Association for Democratic Lawyers (NADEL). This is an organization promotes and defends the constitutional order to ensure access to justice and the realisation of civil, political and socio-economic rights. This is done

156 through a variety of programmes which includes, but is not limited to, human rights training for non-governmental organizations and transformation of the judiciary.

Qualifications

Qualifications Institution Year

B. Proc University of Durban- 1980 Westville

Admitted as an Attorney High Court: South Africa 1983

Admitted as a Law Society 1988 Conveyancer

Admitted as a Barrister Australia 2005

Professional and Personal Conduct

Mr Anandroy Ramdaw is known to be affiliated with the African National Congress. No information is available on personal misconduct.

157

Ramgobin Asha Sharmila Ms

Executive Summary

Mrs Ramgobin has over twenty years experience in Human Rights law. She has lectured, written articles and submissions on and been involved in countless programmes for the advancement of human rights. Her areas of expertise range from access to justice, rural development and women and children’s rights to name but a few. She is also skilled at leading planning and managing operations as this is part of her duty as executive director of the Human Rights Development Initiative (HRDI).

Work Experience

Name of Employer Position Period Self Employed Advocate at Durban Bar 1991-1995 Independent Electoral Special Investigator Feb 1994- May 1994 Commission of South Africa Campus Law Clinic Director 1996-2003 University of Natal Durban Human Rights Co-Founder and Project Jan 2004-Aug 2004 Development Initiative team leader Human Rights Executive Director 2004-Current Development Initiative (HRDI)

Commitment to Human Rights

As a candidate for the SAHRC, Ms Ramgobin brings 20 years of human rights law expertise. She has showed a commitment and culture to human rights ever since 1997 when she decided to give up private practice and serve the poor using the law as a tool for social justice at the University of Natal’s campus law clinic. In this time as director she dealt with various matters concerning objects of the SAHRC, including, HIV and Human rights, land and housing rights, women and children rights

158 and administrative justice. This experience suggests that the candidate has applicable knowledge with regards to matters connected with the objects of the SAHRC and illustrates this candidate has a culture of human rights.

This candidate was also admitted as an advocate to the Durban bar and this illustrates that she has passed a fit and proper persons examination. Further there is no evidence to suggest this is still not the case.

She is dedicated to a culture of human rights not only for herself but for those around her and runs an accredited LLM degree in Human Rights Law and HIV in Africa.

This candidate also has leadership and managerial abilities that will be beneficial to the SAHRC from her experience as co-founder of The Human Rights Development Initiative and her role as executive director of The Human Rights Development Initiative. Both these initiatives speak to the candidates’ culture of human rights.

She has also used her knowledge of the law and her passion for human rights to help many anti-apartheid127 and post-apartheid128 organisations.

Furthermore, she has written many submissions and articles on domestic violence legislation,129access to justice130 and housing rights131 to name but a few and lectured subject’s on the right to education132, human rights activism in Africa,

127 National Association of Democratic Lawyers.(1997) Nadel is a voluntary organisation of lawyers, which has as its primary goal a legal and judicial system that realises access to justice for disadvantaged people and the rule of law. See https://www.lawsoc.co.za/default.asp?sl=&id=1972. 128 Legal Aid Transformation Task Team established by the Minister of Justice. (1998) and Global Alliance for Justice Education (2003). 129 Written Submission to portfolio committee on Justice: On domestic Violence legislation, Criminal Procedure in Sexual offences and maintenance. (1996) “On 1 September 1997 the Commission entered its 25th year of existence. This is a milestone at which it is appropriate to pause and look back over more than two decades of law reform initiated by the Commission and, perhaps, to gain inspiration for the future. It is also an appropriate time to record the Commissions development and achievements in the field of law reform, and to pay tribute to those who have contributed to its success.” 130 Submission on transformation of Legal aid board within an access to justice paradigm. (1998) 131 Policy document prepared for provincial department of housing on community participation in development projects and social empowerment. 132 The Right to Education and HIV in Africa.

159 again naming a few. She has also presented seminars hosted by HDRI on An Introduction to Illicit Financial flows and Human Rights in Africa. It is this wealth of experience in the many aspects of human rights law and her outstanding commitment to a culture of human rights which make Ms Ramgobin an ideal candidate for the SAHRC.

Qualifications

Qualification Institution Period BA (Law) University of Kwazulu 1986-1988 Natal LLB University of Kwazulu 1989-1990 Natal

LLM (Human Rights Law) Lund University 2002-2005

Political Affiliations/ Personal Conduct

Active member of the African National Congress during the Apartheid era. No further information available.

No known improper conduct.

160

Rampete Mathildah Ntibidi Ms

Executive Summary

Rampete is the Director of the Gender at the Constitutional Development in the Department of Justice and Constitutional Development. This division was created in response to CEDAW and seeks to develop programs and research related to women’s rights and empowerment. Prior to that, she had held similar positions within the same department, before joining the state as a public servant, she clerked at the Constitutional Court for the former Chief Justice Ngcobo. She also spent time at the Centre of Applied Legal Studies, and at one time, she worked for Webber Wentzel. In in the June of 2002, she spent three months in Washington DC as a fellow with Women Rights Advocacy Program. She holds a number of qualifications from the University of the Witwatersrand as well an LLM from Georgetown University Law Centre.

Work Experience iv

Employer Position Period

Department of Justice Principal State Law May 2011 – To Date133 and Constitutional Advisor: Director Gender Development Department of Justice Principal State Law May 2011 – January and Constitutional Advisor: Policy Unit 2012 Development Department of Justice Deputy Director: Gender March 2007 – April 2011 and Constitutional Directorate Development Webber Wentzel Bowens Attorney/Research May 2006 – February 2007 Candidate Attorney January 2005 – April 2006

133 Not sure if she started off with two job titles that eventually merged into one.

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Constitutional Court Clerk January 2004 – December 2004 Centre for Applied Legal Researcher for the February 2003 – Studies (CALS) Gender Research December 2003 Programme International Human Fellow with Women June 2002 – November Rights Law Group, Rights Advocacy 2002 Washington DC Program Black Lawyers Legal Administrator 1999 – 2001 Association

Commitment to Human Rights

Rampete’s career speaks of a woman who has dedicated her legal knowledge, skills and expertise to advance the role of women within her society. From her days at CALS as a gender researcher to when she became a civil servant, her commitment to gender related issues shines through134. Most, if not all, of the position she has held have been focused towards empowering women, and advancing women’s rights. In 2012, she was recognised and celebrated by the Women’s Law Law and Public Fellowship Program at Georgetown135. She is also a Patricia King Fellow due to the abovementioned stint at Georgetown136.

Recently, she has embarked on awareness programmes on radio promoting and highlighting women’s rights as well as the work her office does as well as joining hands with other women in the legal fraternity to spread awareness137. She is also a member of the South African Women’s Lawyers Association (SAWLA)138

Qualifications

Qualification Institution

134 http://www.justice.gov.za/policy/gender/genderPOL.htm

135 Find Brochure annexed hereto; https://www.law.georgetown.edu/academics/centers- institutes/wlppfp/upload/Fall-2012-Newsletter.pdf

136 http://www.hrlawgroup.org/about_ihrlg/bios/ntibidi_rampete.asp 137 http://www.derebus.org.za/project-address-gender-transformation-legal-profession-launched/ 138 http://www.gov.za/south-african-women-lawyers-association-sawla-programme

162

B Proc University of the North LLB University of the Higher Diploma in Witwatersrand Company Law Competition Law Certificate LLM Georgetown University Law Centre Legislative Drafting University of Pretoria Certificate Post-graduate Vaal University of Certificate in Technology. Executive Leadership

Professional and Personal Conduct

No known political affiliations or improper conduct. However, Ms Rampete has only worked for State Departments in the past nine years.

163 vAdvocate Rehana Rawat

Executive Summary

Advocate Rehana Rawat started a Legal career in 1984 and was admitted as Advocate in 1988, making her one of the three black woman to be admitted then. In the past 30 years she has acted as an Advocate, Chairperson of Exemption Body of National Bargaining Council for Road Freight Industry and logistics, Labour Law and Alternate Dispute Resolution Techniques Specialist and Acting Judge in the Labour Court with about 30 judgements written in the Law Reports.

She also operates a successful Investment Business and raising a family of 3 children, 1 of whom has cerebral palsy. Notwithstanding the advice given to her to put her child in an institution by a Paediatric Neurologist when he was a baby, she raised him to become an IT final year student, whom also encourages other people through motivational speaking. Ten years ago she was faced with a changing silent disability, Fibromyalgia. This motivated her to collaborate with her son in his motivational speaking endeavours which will, according to her, produce a book to encourage similarly disabled people. Her life experiences has thrusted her into a position where she became an activist of the rights of people with disabilities.139

Work Experience

Employer Position Period

Office of the Chief Justice Acting Judge of the 2014 Labour Court

CCMA Senior Commissioner 2006- 2007

Office of the Chief Justice Presiding Officer at the 1994-1996 Industrial Court

139 Available from http://www.parliament.gov.za/Multimedia/pages/2016/South_African_Human_Rights_Commission/Rawat,% 20Adv%20Rehana.pdf and http://whoswho.co.za/rehana-rawat-1732863 accessed on 26 September 2016.

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Office of the Chief justice Prosecutor at the 1987 Johannesburg District Court

Society of Advocates Advocate of the High 1987- Present court

Zayule Inv. Al Islam Executive Director 1995- Present Investments

NADELAC’s Social and Chairperson 2012- Present Ethics/ Gender Committee

North West University Chairperson 2012- 2014 Human Rights Committee

Johannesburg Zoo and Non- Executive Director 2009-2012 the City Park of the JHB City Park and JHB Zoo; Chairperson of the City Parks and Zoo Social and Ethics Committee; Chairperson of the City Parks Human Resource Committee and Member of the City Parks and Zoo Merger Committee

Commitment to Human Rights

She has on numerous occasions been invited to give talks on various issues. Invited by the Foundation for Human rights to present a paper at the human Rights Workshop in Limpopo on Disability and PEPUDA (Prevention of Equality and Unfair Discrimination Act). She was also a keynote speaker at the Human Rights Seminar at UNW on Section 23 of the Constitution and Rights Workshop in Limpopo and

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Rights of Workers not to be victimised or intimidated.140 She was also one of the Panellists at the 2015 Gender Transformation Dialogue held by the National Association of Democratic Lawyers (NADEL) Gauteng Branch, Where she posited vehemently that Women, and especially those with disabilities, are the most vulnerable to discrimination internationally.141 Ms Rawat added that if the judiciary wants to attract more women and people with disabilities, then more would have to be done to facilitate initiatives in judicial and legal professional education. ‘These groups will bring with them, if well selected, the element of deeper awareness of community realities, values and reservations. A reflective judiciary is fundamental for the mainstreaming of a workplace that is in every way possible enabling to support, contentment and empowerment to its judges in order for them to perform their judicial duties to the best of their ability. The judiciary has the same, if not a higher, duty of care to its workers who serve on the Bench. It has to become less daunting, less of a pressure cooker work environment.142 Be the commitment to be the change we want as a society and as a community,’ According to Ms Rawat, Aids, alcohol, drug abuse and poverty are also considered disabilities. All of these conditions are impairments, which limit capacity and the ability to reach one’s full potential.143

Described by referees such as Dr Richard Hunter – the former Director at PEPCOR as:

"“We used Rehana in a corporate environment assisting with wage negotiations, Multiple Trade Unions and complicated matters. Rehana was instrumental in the negotiation that assisted the entire Group negotiate flexible working hours to avoid massive retrenchments. This was the first time in South Africa to be achieved. It was a tough negotiation and without her many Retailers would not have flexible working hours today that allows your staff compliment to match your busy clientele times. What stands out most for me is her being very determined to achieve results. Rehana has a soft but firm approach. People respect her whether they agree with

140 See Note 1 141 Available from http://www.derebus.org.za/nadel-holds-gender-transformation-dialogue-session-in- gauteng-2/ accessed on 26 September 2016 142 Available from http://www.saflii.org/za/journals/DEREBUS/2015/235.html accessed on 26 September 2016 143 See Note 3

166 her or not. This is crucial in these negotiations.” " - 1995144

Qualifications

Qualification Institution Year

BA University of Durban 1984 Westville

LLB University of 1987 Witwatersrand

Family Violence course University of Durban 1994 Westville

Association of Arbitrators 2002 fellowship admission Course

Post Graduate Diploma University of 2012 (Labour Law and Human Witwatersrand Rights)

Professional and Personal Conduct

No known political affiliations or improper conduct.

144 Available from http://whoswho.co.za/rehana-rawat-1732863 accessed at 26 September 2016

167

Adv. Adrie Reinecke

Executive Summary

Advocate Adrie Reinecke is currently employed as an investigating officer with the South African Council for Planners (SACPLAN). She is an admitted advocate who is academically qualified in property law including regional and town planning. She has, however, extended her expertise by being a part of organisation of this realm of her qualifications. She is also a member of the National Bar Council. Adv. Reinecke has, over the years, done a number of short training courses to develop herself within her scope of employment and beyond. She did, amongst other things, a public financial management course which she passed with distinction. Adv. Reinecke has been instrumental as an advisor of the Traditional Healers Organization (THO). She has also.

Work Experience

Name of Employer Position Period

SACPLAN Investigating Officer 2014-Present

Department of Public Assistant Director: 2004-2014 Works (Nelspruit) Property Management

Pieter Nel Attorneys Personal Assistant 2003-2004

Various Financial Administration 1998-2004 Contract/Temporary jobs Project Administration/ (HRSC) Assistant

(Siemens) Marketing assistant

(Daimler Chrysler)

(Telkom)

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Northern Metropolitan Town Planner: Land Use 1995-1997 Local Council Management

Commitment to Human Rights

Advocate Reinecke has been assisting the SAHRC through the Traditional Healers Organization where she has worked tirelessly to support the Commissions endeavours to protect and promote traditional health practice, cultural and religious practices. Adv. Reinecke in her academic work wonderfully contributed to the Human Rights discourse through her dissertation, titled Enclosed Neighbourhoods and the Restriction to Public Spaces which gave a human rights perspective to property law for her Masters in Law.

Qualifications

Qualifications Institution Year

Professional Town SACPLAN 2010 Planner

Masters of Law: Property University of South Africa 2009 Law (LLM)

Admitted as an Advocate High Court 2007

Bachelors of Laws (LLB) University of South Africa 2004

Bachelor of Town & University of Pretoria 1995 Regional

Professional and Personal Conduct

169

Adv. Reinecke is the only registered Town Planner in South Africa that is also an admitted advocate of the High Court.145 She was also one of the top 10 finalists in the Lowveld Big Change mentorship competition as she is a property developer.146

No known political affiliation or personal misconduct.

145 Available at http://www.urbangateway.org/publicspace/users/adrie-reinecke accessed on 27 September2016 146 Available at http://lowvelder.co.za/297719/lowveld-big-change-here-is-the-top-10-finalists/ accessed on 27 September 2016

170

Samaai Seehaam vi

Executive Summary

Ms Seehaam Samaai recently joined the Women’s Legal Centre as its Director from being a Director at the Department of Justice and Constitutional Development147. She holds a B Proc as well as an LLM in Constitutional Litigation from the University of the Western Cape. She is an Attorney of the High Court of South Africa, and has held a number of offices since obtaining her B Proc. She has served as the Director of the University of the Western Cape Legal Aid Clinic as well as the chairwoman in a number of boards such as Board of Lawyers for Human Rights. Her extensive experience and expertise is both impressive and inspiring. Her expertise is in promotion of access to justice, land, housing, gender and the law focusing on the role of women in the legal fraternity, and this is clear from her work experience. Further, she has vast experience in leadership positions and in positions that require her to work in a team, be it as a leader or an ordinary team member.

Work Experience 148

Employer Position Period

Women’s Legal Centre Director July 2016 – To date Foundation for Human Program Manager November 2015 - To date Rights Lawyers for Human Chairperson January 2006 – To Date Rights National Association of Branch Secretary January 2002 - To Date Democratic Lawyers Department of Justice and Director of Legal October 2012 – October Constitutional Administration (WC) 2015 Development Association of University President June 2006 – October Legal Aid Institutions 2012 (AULAI)

147 http://www.iol.co.za/atlantic-sun/news/centre-uses-law-to-perfect-womens-rights-5287008 https://www.linkedin.com/in/seehaam-samaai-6552b225 148 https://www.linkedin.com/in/seehaam-samaai-6552b225

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University of the Western Director and Senior January 2002 – October Cape Law Clinic Lecturer 2012 Lawyers for Human Project Attorney for the January 2001 – January Rights Farm Workers Security of 2002 Tenure and Projects Legal Resources Centre Candidate Attorney January 1999 – Cape Town December 2000

Commitment to Human Rights

“The WLC has a vision of women in South Africa living free from violence in safe housing, free to own their own share of property, empowered to ensure their own reproductive health rights and able to work in a safe and equal environment. In order to fulfil its objectives, the WLC will, free of charge: Litigate cases which advance women's rights and are in the public interest, particularly constitutional cases; and produce briefs to assist courts in constitutional cases which concern women's rights and gender equality. In addition, where resources permit, the WLC aims to provide women's organisations with technical legal assistance in making submissions to parliament and other institutions. Our plans include strategies to provide training and capacity building programs for para-legals and women lawyers who wish to conduct constitutional litigation in regard to gender issues. We believe that there is a need to collaborate with women's organisations in all our activities.” 149

The above is an extract from Ms Samaai’s profile, and it gives one a glimpse into what Ms Samaai purports to do in her new position as the Director of the Women’s Legal Centre. Her passion, and determination to see a South Africa where women are seen as equal to men and are given equal opportunities as that of their male counterparts, where women are given a voice and a space to come to their own is clear in the above statement, and her work in the past 20 years is testament to this.

In an interview she did in September of 2008, she reflects on her some of her lived experiences that drove her to believing that she could, at the tender age of 19, somehow use the Constitution that was new at the time, to stop the evictions that

149 https://www.linkedin.com/in/seehaam-samaai-6552b225

172 were taking place in her neighbourhood150. Years later, she would do her master thesis on evictions. In the same interview, she tells the tale of how her father made her conscious of the injustices of Apartheid South Africa and how even as a child she was active in civic movements such as the New Unity Movement in the early 90s151. It is clear from these memories that the seed to fight for a just society where women, minorities and different people aren’t discriminated against were planted at an early age and have only grown stronger with time.

Furthermore, her involvement in organisations such as Lawyers for Human rights and the Legal Resource Centre shows that her drive for justice is accompanied with action. Further, her rise to leadership positions in the organisations she has worked for shows not only her commitment but her work ethic.

In a recent interview with the Atlantic Sun in June of this year, she was quoted to say ““Gender equality has always been my focal area wherever I have been. Coming to the Women’s Legal Centre is like coming back home, to be able to promote gender equality and make rights real for women on the ground and to ensure particularly black women are given their rights so they can live a dignified life.” 152

Qualifications

Qualification Institution Year Baccalaureus University of the Western 1995 – 1999 Procurationis (BProc) Cape

Masters of Laws 2004 – 2006

Professional and Personal Conduct

No known political affiliations or improper conduct.

150 http://www.historicalpapers.wits.ac.za/inventories/inv_pdft/AG3298/AG3298-1-165-text.pdf

151 Ibid. 152 http://www.iol.co.za/atlantic-sun/news/centre-uses-law-to-perfect-womens-rights-5287008

173

Said, Adv. Shireen

Executive Summary

Advocate Said has championed human rights issues both in her personal and professional capacity for over 20 years. She accumulated this wealth of expertise in human rights and social justice from her time served in the South African government, the United Nations, the private sector and civil society. Working at the UN expanded her exposure to human rights and development issues regionally and globally. From this exposure she has skills in business, human rights and corporate social responsibility. She was part of the legal team which successfully argued for legalising benefits for same sex spouses in South Africa. Advocate Said has also contributed extensively to the Childs Rights movement in South Africa that included working on the Child Justice and Children’s Act and a contribution to Section 28 of our constitution. From this experience she has gained invaluable skills like communication and negotiation, policy development, identifying of core issues and the ability to adapt to evolving developmental landscapes.

Work Experience

Name of Employer Position Period UWC Community Law Childs Rights Research 1992-1997 Centre Assistant Initial South African NGO Coordinator and Lead 1997-1998 Report to the UN Author committee on the rights of the child National Institute for Programme Manager and 1998-1999 Public Interest Law and Head of Childs Rights unit Research NGO group for the Liaison Officer to UN 1999 Convention of the Rights committee of the Child Oliver Tambo Centre for Human Rights training 1999 Human Rights: Forte Hare officer and consultant

174

UN office of the High Regional Programme 1999-2002 Commissioner for Human Officer Rights Self Employed Advocate of the High 2002-2005 Court of South Africa Commissioner for Gender Head of Legal 2005-2006 Equality Department Department of Justice and Chief Director and 2006-2009 Constitutional Promotion of the Rights of Development: Vulnerable Groups Government of South Africa UN Development Global Policy Advisor 2010-2015 Programme UN Development Global Policy Advisor and 2015- Current Programme Legal Strategist

Commitment to Human Rights

There is no doubt that Advocate Said has shown a commitment to the culture of Human Rights. She has been committed to human rights since 1992 when she was an assistant researcher for the Child’s Rights Project. Not only did she conduct research but she has also coordinated and was the lead author of the Initial South African NGO Report to the UN committee on the Rights of the Child.153 Advocate Said is not only an expert on children’s rights but she was also part of the team which successfully argued for legalising benefits for same sex spouses in South

153 South Africa’s historical background is important, because if it is ignored, development processes in this country are likely to overlook the need to address issues that have potential to stifle progress. Children’s rights delivery in this country must aim to give equal survival, protection and development opportunities to all or the majority of our children. Proceeding as if all children in this country have always enjoyed the same standard of living will only delay social change in South Africa. It is therefore necessary to level the playing field. See South Africa’s First Supplementary CRC Report To The United Nations Committee on The Rights of The Child.

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Africa.154 While working as an advocate she also successfully fulfilled senior legal technical advisor duties while working at the South African Anti Discrimination Forum. These included extensive research and publication on equality issues. As Head of Legal Department for the Commission for Gender Equality she engaged and advised several NGO’s on LGBTI issues and was responsible for monitoring of government public policy and service delivery. While working at the Department of Justice and Constitutional development she formulated and drove implementation of policies on child justice, equality courts, justice for sexual offenses and restoring justice concerning other issues affecting vulnerable groups. Advocate Said is not only concerned with human rights development issues regionally but thanks to her experience at the UN she is also concerned with global development. In her time at the UN she has tackled issues around connecting and facilitating corporate social investment with non-governmental organisations and has driven strategic execution of global human rights initiatives and projects focusing on HIV/Aids and the law.. She is also a member of the Section 11 expert committee on housing in South Africa and has advised the UN Working Group on the Rights Based approach to development.

It is this experience in human rights, child rights, equality basic education, access to justice, housing, law enforcement and Health care which makes Advocate Said an Ideal candidate for the SAHRC.

Qualifications

Qualification Institution Year BA University of Natal 1989 LLB University of the Western 1990 Cape Diploma in Research Stellenbosch University 1996 Methodology LLM: Human Rights and University of Pretoria 2000 Constitutional Litigation

154 She contributed to the first constitutional case on the recognition of same sex unions as a pupil. See Satchwell v President of Republic of South Africa and Another 2002 (6) SA 1.

176

Political Affiliations/ Personal Conduct

No information available.

No know improper conduct.

177

Dizline Mfanozelwe Shozi

Executive Summary

Mr Shozi has served for a number of years on the boards of the Public Sector and Non-Government organisation sector which involved a wide interest in the human rights and gender issues. He has led community driven initiatives on public participation in KwaZulu- Natal on legislative issues. He has also been involved in Adult Education Programs where he tutored in this area at the University of South Africa and The University of KwakZulu- Natal. He is currently serving as the Chairperson of the Commission for Gender Equality.

Work Experience

Employer Position Period

Commission for Gender Commissioner and June 2007- date Equality Deputy Chairperson/ Acting Chairperson

Department of Deputy Director and July 2005- May 2007 Correctional services Chairperson of the Correctional services and Parole board (Durban)

Provincial Coordinator Commissioner on gender January 2002- July 2005 Equality

Provincial Parliamentary Advocacy support and 1999- 2001 program training coordination

English Resource Centre Abet Senior Trainer 1998

NASA Reginal Officer, Co- 1996- 1997 ordinator and member of the management committee

178

Commitment to Human Rights

As a chairperson of the Commission for Gender Equality, Mr Shozi have acquired skills in financial management, project management, governance compliance, risk management, and other related skilled in Adult Basic Education, advocacy, lobbying and human rights.

Qualifications

Qualification Institution Year

Masters of Social Science University of KwaZulu- 2007 (Community Natal Development)

Business Administration Technikon South Africa 2002 (Btech)

Diploma in Business Damelin School of 1997 Management and Business, Empangeni Organisation

Postgraduate Diploma in University of Natal, 1996 Adult Basic Education Durban

BA University of Natal, 1992-1994 Durban

*See further training in the résumé

Professional and Personal Conduct

No known political affiliations or improper conduct.

179

Small Alan Mark, Adv.

Executive Summary

Adv. Small is currently in the employ of the Department of Justice and Correctional Services, and serves as a Senior State Law Advisor. He is visually impaired and currently serves as the chairperson of the South African National Council for the Blind in the Western Cape. He has also served as chairperson of the Occupational Health and Safety Committee and the Employee Assistance Programme. An active member of the African National Congress, Adv. Small has served ANC branches in the Western Cape in different capacities. He was treasurer for the Athlone Zone and has served the Robert Waterwitch ANC branch as deputy chairperson.

Work Experience

NAME OF EMPLOYER POSITION PERIOD

Department of Justice Senior State Law Adviser November 2007 – Date

Office of the Premier Labour Relations November 2006 – Practitioner October 2007 Valkenberg Psychiatric Labour Relations Officer August 2004 – October Hospital 2006 Lentegeur Psychiatric Chief Occupational February 1992 – 31 July Hospital Therapy Assistant 2004 DP Marais SANTA Occupational Therapy April 1991 – February Hospital Assistant 1992 House of Occupational Therapy March 1990 – March Representatives/ Training Post 1991 University of the Western Cape Community LTA Comiat Telephonist/Receptionist July 1988 – February 1989

180

Commitment to Human Rights

Adv. Small serves the blind community in different respects. Prior to his appointment as chairperson of the South African National Council for the Blind in the Western Cape, he was a board member of the Cape Town Society for the Blind. He has, since 1987, been affiliated to the League of the Friends of the Blind and is also affiliated to the South African Blind Workers Association. He is president of Blind Cricket South Africa and was co-opted as a member of the Strategic Management Team to the Department of Public Service and Administration, for the purposes of strategising reasonable accommodation for people living with disabilities.

Qualifications

Qualification Institution Year Certificate in Legislative University of 2013 drafting Johannesburg LLB University of Western 2005 Cape N3, N4, N5 Protea College 1998 Certificate in University of Cape Town 2008 Constitutional Administrative Law

Professional and Personal Conduct

Adv. Small is affiliated to the African National Congress. There are no known reports of improper personal conduct.

181

Smit Ryan Mr155

Executive Summary

Mr Smit is the founding partner of a Stellenbosch based law firm, Smit & Viljoen156 Attorneys157 which according to their website specialises in administrative law, constitutional law, property, commercial law, family and other fields of law. Mr Smit holds a BCom Law degree from the University of Stellenbosch which he obtained in 2003. He further holds a Masters in Taxation from the same institution. He is the general manager158 of a non-profit human rights organisation called Cause for Justice which has been involved in numerous causes related to human rights such as being amicus curia in cases concerning rights and organising petitions against the legalisation of pornography.

Work Experience 159

Employer Position Period

Smit & Viljoen Attorneys Founding Partner July 2013 – To Date

PwC Tax Services Senior Corporate Tax February 2008 – June Consultant 2013

Legal Aid Clinic, Candidate Attorney February 2006 – January University of Stellenbosch 2008

GE Commercial Finance Operations Team August 2005 – December (UK) Member 2005

HM Revenue and Paralegal June 2004 – June 2005 Customs, Solicitor’s Office

155 This candidate seems to go by two names: Mr Ryan Smit and Mr Sybrand Abraham Smit. Clarification is necessary to ascertain his proper name as per his identity document. 156 Not “Smit, Viljoen & Jordaan”. 157 http://smitviljoen-public.sharepoint.com/services 158 Not the Vice Chairperson as per his CV; http://causeforjustice.org/about/ 159 Linkedin profile: https://www.linkedin.com/in/ryan-smit- 0790a91a?authType=NAME_SEARCH&authToken=nRCk&locale=en_US&srchid=3055237821475050811652&sr chindex=7&srchtotal=32&trk=vsrp_people_res_name&trkInfo=VSRPsearchId%3A3055237821475050811652% 2CVSRPtargetId%3A65914653%2CVSRPcmpt%3Aprimary%2CVSRPnm%3Atrue%2CauthType%3ANAME_SEARC H

182

Commitment to Human Rights

Mr Smit’s membership and involvement in Cause for Justice since 2013, speaks to his commitment human rights. The organisation has been involved in a number of cases at the Human Rights Commission as a complainant and respondent160, further it has made submission to parliamentary committees. Further, Smit & Viljoen Attorneys, does according to their website deal with Constitutional and Administrative matters. There is no indication of his commitment to human rights outside the abovementioned scope.vii

Qualifications

Qualification Institution Year

Bachelor of Commerce 1999 – 2001 (with law courses) University of Stellenbosch Bachelor of Laws (two- 2001 – 2003 year post grad)

Masters of Commerce University of Stellenbosch 2006 – 2008 (Taxation)

Post-Graduate Diploma in University of Cape Town 2014 Human Rights

Professional and Personal Conduct

No known political affiliations or improper conduct.

160 http://causeforjustice.org/newsitev2/wp-content/uploads/2014/08/Media-Release-English-5-8- 14.pdf

183

Prof David Charles Taylor

Executive Summary

David is an admitted attorney and legal consultant specialising in Information technology law. Over the last 11 years David has been servicing multinationals, local business and government in all legal aspects from opinions, contract negotiation and drafting, due diligence, compliance. David has been trusted to provide systems analysis from legal perspective as well strategy for information technology projects and business. David has extensive exposure to the international legal environment, especially in Information Technology.161

He has received educational qualifications both in South Africa and abroad. He is also an author of many academic and non-academic publications and books. He provide services to multinationals, local business and government in various legal, consulting and compliance roles. In the past he has been trusted to provide strategy for information technology projects and business.162

Work Experience163

Employer Position Period

Self Employed Consult Legal, 2014- date Government, Compliance and IT Law

Deutsche Telecom AG Group International 2013- 2014 privacy team

T- Systems South Africa Data Privacy Officer 2012- 2014

Self Employed Consult Legal, 2000- 2012 Government, Compliance and IT Law

161 Available at http://whoswho.co.za/david-taylor-500545 accessed on 27 September 2016 162 Available from https://www.linkedin.com/in/davidtaylorlaw accessed on 27 September 2016 163 Available from http://www.parliament.gov.za/Multimedia/pages/2016/South_African_Human_Rights_Commission/Taylor,%2 0Prof.%20David.pdf accessed on 27 September 2016

184

University of South Africa Associate Professor 1998- 2012

Vista University Lecturer 1996- 1997

Malcolm Lyons and Candidate Attorney 1994- 1995 Munro Attorneys

KaNgwane Government Professional Welfare July 1985- December Service Officer 1987

Stanger Indian Child and Social Worker January 1985- June 1985 Welfare Society

*See volunteer work in resume

Commitment to Human Rights

Prof Taylor has delivered lecturers, published and volunteered extensively on human rights issues. Please refer to Resume.

Qualifications

Qualification Institution Year

LLM - IT and Law Stockholms universitet 1999 - 2000

LLB – Law University of the 1993 Witwatersrand

BA University of the 1991 Witwatersrand

BA (Hons) - African UNISA (University of 1989-1990 Literature in English South Africa)

LLM - Comparative and UNISA 1994 Constiutional Law

Professional and Personal Conduct

No known political affiliations or improper conduct.

185

Tshabalala Duduzile Ms.

Executive Summary

Ms. Tshabalala has been under the employ of the South African Human Rights Commission – she was tasked with establishing and heading the internal audit activity at the Commission. She also has extensive experience working in the public sector – she headed the Internal Audit division at Johannesburg Water and was the Chief Financial Officer at the Department of Public Safety in the North West Province. She founded and served as the Chairperson of TENAFA, a Kenyan-based anti-fraud association. Ms. Tshabala has been involved in a number of projects. She was a member of a team appointed to draft the patient charter for the Department of Health in the Frere State province. Furthermore, she established and launched an anti-fraud strategy for the National Department of Communications and she also developed a strategy for the implementation of a farming project.

Work Experience

Name of employer Position Period

Department of Health, Free State Assistant Project Manager 1997

South African Human Rights Commission Head: Internal Audit Activity 1999 - 2007

Department of Communications Project Manager 1999

National Gambling Board Non-Executive Director 2007 – 2010

Department of Public Safety, North West Chief Financial Officer 2009 – 2012

Johannesburg Water Head: Internal Audit 2013 - 2016

186

Qualifications

Qualification Institution Year

BCom. Vista University 1994

Certificate in Fraud Examination University of Pretoria 2004

Master of Science: Audit Management and University of Central England 2007 Consultancy

Commitment to Human Rights

Ms. Tshabalala has worked for the Human Rights Commission, but was tasked with heading the internal audit activity. She has devoted most of her career to the public service.

Professional and Personal Conduct

No known political affiliations or improper personal conduct.

187

Tshoose Itumeleng Clarenceviii164

Executive Summary

Tshoose is an academic and a senior lecturer in Labour and Social Security Law at the University of South Africa where he has been based for the past six years165. During his time at UNISA he has chaired and participated in numerous committees. Prior to joining UNISA in 2010, he had been a lecturer at North West University for two years. Mr Tshoose has a number of publications under his name varying from national to international publications, and he has contributed to a book as well. He obtained his LLB from North West University between the years 2000-2003, and between 2004 – 2007166, he obtained his LLM from the same institution. He served his articles at PSN Attorneys between 2006 and 2008. There are no accessible records of Mr Tshoose’s life between his birth (1980) and 1999.

Work Experience

Employer Position Period

Senior Lecturer 2012 – To date

Lecturer 2010 – 2011

UNISA

North West University Lecture 2008 - 2010

164 https://unisouthafr.academia.edu/ClarenceTshoose/CurriculumVitae

165http://www.unisa.ac.za/Default.asp?Cmd=ViewContent&ContentID=23268&P_XSLFile=unisa/lms. xsl

166 Most LLMs are either a year or two years (part time); Mr Tshoose’s Masters took three years to complete and no reason is provided for this.

188

PSN Attorneys167 & North Candidate Attorney 2006 - 2008 West University Law Clinic168

North West University Postgraduate Research 2005 - 2006 Assistant

Commitment to Human Rights

Mr Tshoose has published extensively on labour law, the impact of the Constitution in social security law, social justice and how legislation can be best used to create a just society as well as how to promote human rights within the workplace. In most, if not all, of his writings he has shown his commitment to human rights and the realization of a just society.

In one of his published articles, titled “Placing the right to occupational health and safety within human rights framework: trends and challenges for South Africa”, he does an analysis of our labour standards, and looks at how they fare compared to the rest of the world. In that very piece, he further goes to look at specific legislation intended to govern labour practices and promote human rights such as COIDA and its discriminatory practices. At page 283 of his paper, he highlights that vulnerable groups such as the disabled workers and domestic workers are excluded from being covered by COIDA, one way or the other169.

He has also written an article on the impact that the HIV/AIDS pandemic has had our Social Security and or welfare systems. In that piece titled,” The impact of HIV/AIDS regarding Informal Social Security: Issues and Perspectives from a South African Context”, he gives insight as to how our past injustices have resulted in our current difficulties. He looks at how the culture of grants has developed, and why it’s been a necessary intervention especially where families have been affected and infected by HIV and AIDS.

167 http://www.psn.co.za/ 168 How was it possible for him to be employed by the Law Clinic and PSN attorneys concurrently? There is no explanation and PSN attorneys does not seem to have any relations with the Law Clinic. 169 Annexed hereto.

189

However, this commitment does not seem to extend beyond Mr Tshoose’s professional capacity.

Qualifications

Qualification Institution Year

Bachelors of Law (LLB) North West University 2000 – 2003

Masters of Law (LLM) North West University 2004 - 2007

Doctors of Law (LLD) UNISA Currently

Professional and Personal Conduct

No known political affiliations or improper conduct.

190

Gloria Twaise

Executive Summary

Ms Twaise is a legal graduate with vast experience in areas of dispute resolution. Since 1999 she has been serving in the panel of adjudicators, resolving issues arising over ownership of council houses. In 2002 to 2013 she has been working in the Gauteng Renting Housing joining the panel for mediators to resolve disputes arising between landlords and tenants.

Work Experience

Employer Position Period

Twaise Attorneys and Director 1999 Associates

Lawyers for Human Legal Advisor 1996- 1997 Rights

Pule Selebogo and Candidate Attorney 1997- 1999 Partners

Department of Housing, Adjudicator 1999- date Johannesburg

Department of Mediator 2002- date Settlements

Emfuleni Local Presiding officer 2007 Municipality Office, (Hearings and Appeals) Vereeniging

Department of Land Mediator 2011 Affairs

Commitment to Human Rights

191

Ms Twaise Has been involved in human rights issues, specifically with respect to the right to housing which is a basic right in the Constitution. These duties have been vindicated in the platform of the Gauteng Housing and the Department of Settlement.

Qualifications

Qualification Institution Year

B. Proc University of Stellenbosch 1995

Incomplete LLM University of Stellenbosch Incomplete

Higher Diploma in Cyber Rand Afrikaans University 2007 Law. (RAU)

Certificate in Corporate BLA 2007 Law

Certificate in Management Wits University 2005 of mining and Minerial Policy

*See other Short Courses in Resume

Professional and Personal Conduct

No known political affiliations or improper conduct.

192

Van Garderen Jacob Advocate

EXECUTIVE SUMMARY

Admitted as an Advocate of the High Court of South Africa and member of the Johannesburg Bar since 2003, Van Garderen has developed a career in intensive research in legal protection of refugees and engages in human rights advocacy and practice including litigation. He is currently the National Director of Lawyers for Human Rights (LHR), a non-profit organisation that engages in human rights activism and public interest litigation in South Africa. The organisation provides free legal services to vulnerable members of society in strategic litigation and advocacy towards achieving better protection and legal reforms.

Work Experience

Employer Position Period

Lawyers for Human National Director January 2008 — present Rights

Lawyers for Human Head of Strategic March 2007 — December Rights Litigation Unit 2007

Lawyers for Human Programme Manager, March 1999 — March Rights Refugee and Migrant 2007 Rights Programme

Centre for Human Rights, SASVO Programme 1996 — February 1999 University of Pretoria Officer

South African Truth and Part-time Legal 1997 Reconciliation Researcher Commission

Commitment to Human Rights

Over the years, the Applicant rose to the position of National Director of LHR after overseeing various programmes including the Refugee and Migrant Rights Programme. In 2007, the Applicant as curator ad litem to three Congolese asylum-

193 seeking female minors successfully obtained a review of the decision of the Refugee Appeals Board dismissing their application for asylum.170 In 2010, he was among human rights activists who signed an open letter in defence of Janet Love counteracting Premier Helen Zille’s allegation that Love will not be independent minded in her capacity as a human rights commissioner.171 Van Garderen’s extensive scholarly works on refugee protection, children’s rights and protection of most vulnerable members of society have been published by reputable publishers. He has delivered numerous papers and made presentations at official fora within South Africa and at conferences abroad on the social and economic costs of enforcing the South African immigration policy, legal problems associated with countering illegal migration into South Africa, legal protection for asylum seekers living with HIV and Aids and the role of civil society in refugee protection in South Africa.

Qualifications

Qualification Institution Year

BCom (Law); LLB University of Pretoria Date ??

Certificate: Management Centre for Human Rights March 2003 of Human Rights University of Pretoria Institutions

Certificate: International University of the 2002 Migration Policy and Witwatersrand

Management — P&DM

170 See Case No: 30720/2006 In the matter between: Jacob Van Garderen N.O Vs. The Refugee Appeal Board, Tjerk Damstra N.O, Minister of Home Affairs, The Director General: Home Affairs, Refugee Status Determination Officer, The Standing Committee for Refugee Affairs. In The High Court of South Africa, (Transvaal Provincial Division), Date: 19 June 2007, available at http://www.refugeerights.uct.ac.za/usr/refugee/Case_Law_Reader/Van_Garderen_v_RAB.pdf (accessed 27 September 2016). 171 Treatment Action Campaign ‘Open letter and statement on Janet Love released by constitutional lawyers, legal academics, human rights and social justice activists’ available at http://www.tac.org.za/community/node/2958 (accessed 27 September 2016).

194

Professional and Personal Conduct

No known political affiliations or improper conduct.

195

Verryn Paul, Rev.

EXECUTIVE SUMMARY

Rev Paul Verryn is a minister of the Methodist Church of Southern Africa, and was ordained in 1978. Therefore, he has been a minister of the church for 38 years. He is currently the Superintendent of the Tsietsi Mashinini Community Centre as well as District Refugee Ministries. He chairs the Joint Board for Diploma in Theology and is, since 2015, also co-ordinating the Church Unity Commission Hearings. He is the patron of the Migrant Workers Association of South Africa and is also a member of the Protection Working Group, a division of the United Nations High Commission for Refugees.

Work Experience

Name of employer Position Period

Methodist Church of Southern Africa Bishop – Central District 1997 – 2008

Superintendent – Central 1997 – 2014 Methodist Mission

Circuit Minister for Jabavu, 1988 - 1997

West Rand and Port Elizabeth 1979 – 1997 Cental

Probation Minister at Rhodes 1973 - 1978 University, Southern Transkei and Uitenhage

SA Council for Theological Education Chairperson 1992 – 2005

Standard Generating Body for Christian Chairperson 1997 – 2008 Theology and Ministry

196

Methodist Church of Southern Africa Chairperson: EMMU Working 1990 – 2008 Group

TEE College Executive Member of Council 1992 – 2008

St. Stithians College Council Member and Trustee 1997 – 2008

South African Council of Churches Central Committee Member 1998 – 2008

South African Council of Churches Executive Member of the 2007 – 2008 Council

Commitment to Human Rights

Verryn is well-known for keeping the doors of the Central Methodist Church open, so as to provide shelter for homeless and vulnerable people, during his tenure as Bishop of the church. In the midst of the 2008 xenophobic attacks, Rev Verryn persisted in providing shelter for undocumented migrants who had fled their countries of origin and were facing threats from locals in the townships.172 At times, there were over 3000 people, including children, crammed inside the church.

In 2010, he was suspended over allegations of his mistreatment of the refugees and for not complying with the church’s regulations.173 He succeeded in having his name cleared, for he instituted legal action to do so.174 It is alleged that Minister Verryn refused to co-operate with the Gauteng government, which sought to relocate children from the church to proper homes. The children, it was alleged, were ‘exposed to abuse [and were] sleeping on the floor’.175 Furthermore, there were suggestions that young girls were being sexually abused at the church.176

Verryn also heads the Church Unity Commission Hearings, as mandated by the Church Unity Commission. This is a platform for South Africans who did not find closure at the Truth and Reconciliation Commission hearings, or those who were not

172 Information accessed from: http://mg.co.za/article/2016-03-23-liberation-theologian-practices-what- he-preaches. 173 http://mg.co.za/article/2010-01-22-bishop-verryn-suspended. 174 Mail & Guardian article, op cit note 3. 175 Mail & Guardian article, op cit note 4. 176 Information available at: http://mg.co.za/article/2010-02-09-central-methodist-church-unsuitable- for-children.

197 afforded an opportunity to speak about their trauma, to do so at these hearings.177 Some of the matters raised in these hearings include: concerns raised by students in the FeesMustFall Movement, the provision of free basic services by municipalities to the poor and Social and Labour Plans for communities in mining areas.

In the apartheid era, Rev Verryn served in a parish in Port Elizabeth, Eastern Cape. He worked with political activists such as Molly Blackburn and provided shelter to activists who were fleeing from the security police.178 He also established the Port Elizabeth branch of the Detainees Parents Support Committee in 1982.

Furthermore, in Johannesburg, Rev Verryn continued to provide sanctuary to homeless young men from different parts of the country. This was in implementation of a programme established the Witwatersrand Council of Churches to take care of the homeless. Indeed, it was from the manse provided by Rev Verryn that Pelo Mekgwe, Thabiso Mono, Kenny Kgase and Stompie Seipei were kidnapped by members of the Mandela United Football Club.179

Qualifications

Qualification Institution Year

Bachelor of Arts University of South Africa 1972

BD Rhodes University 1978

DEd (honoris causa) Nelson Mandela Metropolitan 2009 University

Professional and Personal Conduct

No known political affiliations.

In 1989, Winnie Madikizela-Mandela accused Rev Verryn of sexually abusing the young men who were kidnapped from the manse by members of her football club. The Weekly Mail reported, however, that Rev Verryn was exonerated of these

177 Op cit note 3. 178 Information accessed from: https://www.wits.ac.za/news/latest-news/graduations/2014--- 2012/biography-paul-verryn.html. 179 S v Morgan and Others [1993] 4 All SA 697 (A).

198 accusations in a Soweto Civic Association meeting, where it was resolved that ‘there was no evidence to indicate sexual abuse on the part of Rev. Verryn.’180

A few young men alleged that Rev Verryn had sexually abused them. However, a crisis committee established to investigate the Mandela United Football Club found that the youths who had levelled the allegations at Rev Verryn had been tortured into doing so. The youths retracted the allegations.181

180 Available at: http://mg.co.za/article/2010-01-29-paul-verryn-what-went-wrong 181 Ibid. See, also, S v Morgan and Others supra note 9 for the allegations levelled against Rev Verryn.

199

Ms Amanda Lindokuhle Vilakazi

Executive Summary

Amanda Vilakazi is an admitted attorney who currently runs her own practise, Buthelezi Vilakazi Incorporated, where she is one of the directors. The firm deals largely with criminal matters and labour law issues. She is also the incumbent chairperson of the South African Women Lawyers Association (SAWLA). Vilakazi is also a member of the National Council of Correctional Services(NCSS). She is the founding member of a community development programmes; namely, Young and in Charge initiative which assists young entrepreneurs by providing them with information on available resources from government to them.

Work Experience

Name of Employer Position Period

Buthelezi Vilakazi Director Jan 2015- Present Incorporated

Amanda Vilakazi Director June 2012 - 2014 Incorporated

GCN Bhungane Attorneys Candidate Attorney Sep 2011 – Apr 2012

Legal Aid South Africa Candidate Attorney Sep 2009 – Aug 2011

Commitment to Human Rights

Ms Vilakazi has shown through her role as the chairperson of SAWLA that she is indeed passionate about human rights in general and women’s rights in particular. SAWLA works to the benefit the interests of women of all races in the legal profession. Her reach extends further than this to an initiative that seeks to furnish young entrepreneurs with the necessary information that they can utilize to make use

200 of available government resources. As a member of the NCCS Vilakazi has shown that she is truly committed to the rights of those that have been imprisoned and advices the Minister on policy issues in this regard. Furthermore, Vilakazi as a black woman with her own firm inspires even those around her to keep the fight for human rights alive.

Qualifications

Qualification Institution Year

LLB University of 2008 Johannesburg

Admitted as an Attorney High Court of South Africa 2012

Professional and Personal Conduct

Vilakazi is affiliated with the African National Congress. There is no available information available on any misconduct.

201

Viljoen, Prof Frans Jacobus

Executive Summary

Professor Viljoen is the Director of the Centre for Human Rights at the University of Pretoria. He holds an LLD (Doctor of Laws) in African Human Rights Law. Under his directorship the Centre for Human Rights was awarded the African Union Human Rights Prize in 2012. He supervises Doctoral and Masters programmes in various institutions from different African Countries.

Qualifications

Qualification Institution Year

BLC Law University of Pretoria 1985

LLB Law University of Pretoria 1987

BA Hons University of Pretoria 1987

MA University of Pretoria 1993

LLM University of Cambridge 1990

LLD University of Pretoria 1998

Work Experience

Employer Position Period

Department of Justice, State Advocate 1988 to 1989 Public Prosecutor

University of Pretoria Senior Lecturer 1991 to 1998

University of Pretoria Professor 1999 to Present

Head of Department of Legal History & Comparative Law and University of Pretoria 2000 to 2003 Legal Philosophy

202

University of Pretoria Director: Centre for Human 2007 to Present Rights Faculty of Law

Commitment to Human Rights

In his work Professor Viljoen has demonstrated an irrefutable commitment to the advancement of human rights. He has gained vast experience through Legal Research and Practice in the field of Human Rights and he has made significant contributions in this field. He has written and published extensively on the Human rights paradigm in Africa.

He has edited a number of Academic Journals including serving as Assistant Editor of De Jure; and he is currently the editor-in-chief of the African Human Rights Law Journal and also the co-editor of the African Human Rights Law Report. He is a co- founder of the Pretoria University Law Press (PULP).

Professor Viljoen also supervises many Doctoral and Masters Programme in various universities across the African continent and the world in fields such as Human Rights and Democratisation in Africa, Sexual and Reproductive Rights in Africa, Inter-cultural Human Rights, Women’s rights and International Human Rights Law.

He is also a consultant on Human Rights to the African Union, the United Nations, UNESCO and World Organisation Against Torture and the International Labour Organisation. He has formerly served as Head of the AIDS and Human Rights Research Unit at the University of Pretoria. The Unit promotes and supports research on issues arising from the intersection of HIV and AIDS, on one hand, and human rights on the other.182

Under his directorship the Centre for Human Rights has submitted a number of Amicus Curiae briefs to the African Commission and African Court on Human and People’s rights. The centre has also submitted a request for an advisory opinion concerning the interpretation of the AU’s constitutive Act, in response to an attempt by the African Union Executive Council’s decision to pressure the African Commission to withdraw its granting of observer status to the Coalition of African

182 http://www.chr.up.ac.za/index.php/ahrru-about.html last accessed 28 September 2016 at 3:00 pm

203

Lesbians. The matter is now pending before the African Human Rights Court. The centre contends that the work of the African Union Commission should be free from interference by political bodies.183

Professor Viljoen has published both books and papers on Human rights. The books he has published are of the following titles:

1. F Viljoen& D Kuwali Africa and the responsibility to protect Article 4h of the African Union Constitutive Act Routle in 2014

2. F Viljoen International Human Rights Law 2nd Edition Oxford 2012

3. F Viljoen, O. Vihlena,U Baxi Transformative Constitutionalism in the apex courts of Brazil India and South Africa 2012 Pretoria University Law Press

Papers

Professor Viljoen has published quite a number of academic papers all which have cumulatively explored the Human Rights discourse in South Africa and across the continent. He has written on diverse aspects of the field of human rights including on the protection of sexual and ethnic or indigenous minorities in Africa184, on the states’ compliance with international law obligations185 on women’s participation in politics186 on HIV and AIDS and on the prohibition of torture in Africa. 187

He has also written commentary on South Africa’s obligations to the International human rights framework notably in June 2015 where he made the case for South Africa to remain party to the Rome Statue establishing the International Criminal

183 Advisory Opinion to the African Court http://www.chr.up.ac.za/index.php/centre-news-a-events- 2015/1547-advisory-opinion-to-the-african-court.html last accessed 28 September 2016 at 3:30 pm 184 Towards non-discrimination on the basis of sexual orientation: The normative basis and procedural possibilities before the African Commission on Human and Peoples' Rights and the African Union“ (2007) 29 Human Rights Quarterly 86 – 111 (with R Murray) 185 “State compliance with the recommendations of the African Commission on Human and Peoples' Rights, 1993 - 2004" (2007) 101 American Journal of International Law 1 – 34 (with L Louw) 186 “Political participation of women in Lesotho: The case of Molefi Ts'epe v The Independent Electoral Commission and Others, judgment of 30 June 2005" (2006) 39 Comparative and International Law Journal of Southern Africa 351 – 360 (with M Nsibirwa) 187 “The Special Rapporteur on Prisons and Conditions of Detention in Africa: Achievements and possibilities” (2005) 27 Human Rights Quarterly 125 – 171

204

Court following Omar Al Bashir’s visit to the Republic. He provided the following compelling reasons:

1.) Omar Al Bashir had been justifiably convicted for crimes against humanity as evidently seen by the attacks perpetrated against civilians in Darfur.

2.) The alleged bias by the ICC towards African ‘leaders’ is more apparent than real and factually unsubstantiated.

3.) The reasons for the existence of the ICC have not changed and that South Africa as the Continent’s leading Democracy should champion the ICC.

4.) The African Criminal court does not serve as a viable alternative as it was created to shield certain African leaders from accountability.

5.) South Africa’s withdrawal from the ICC could be argued as unconstitutional and retrogressive. 188

188 Five Reasons why South Africa Should not withdraw from the ICC Statute by Frans Viljoen in the Daily Maverick http://www.dailymaverick.co.za/opinionista/2015-06-23-five-reasons-why-south-africa-should-not- withdraw-from-the-icc-statute/#.V-zUq_TnnrA last accessed 28 September 2016 at 4: 30 pm

205

Wade, Mr. Joseph

EXECUTIVE SUMMARY

Wade is a traditional Chief of the Cobuqua indigenous nation of the O R Tambo District Municipality in the Eastern Cape. He has deployed his good offices as a leader to organise communities in KwaZulu Natal and Eastern Cape who are seeking justice for being dispossessed of their lands during the apartheid era.

Work Experience

Employer Position Period

Masimanyane Trading Trader 1991 - 2001 Enterprise

Master Craftsman Artisan 1975 – 2001

King Sabata District Councillor 2001 – 2006

OR Tambo District Councillor 2006 – 2011

N.G.O. Director 2004 – 2014

EPWP Technician 2011 – 2014

Commitment to Human Rights

In August 2016, Wade, a member and supporter of the Khulumani Support Group,189 wrote a petition: ‘Stop Withholding Payment of The Epwp Workers In OR Tambo District Municipality And Reinstate Them’ to champion the cause of 300 workers sacked by the O. T District Municipality at Khulumani.190

189 Started by survivors testifying at the Truth and Reconciliation Commission and now composed of more than 100,000 victims and survivors of Apartheid-related gross human rights violations in South Africa. See Khulumani Support Group South Africa ‘Background’ available at http://www.khulumani.net/khulumani/about-us.html (accessed 27 September 2016). 190 Khulumani Support Group South Africa ‘Petition: Support the Demand for the Payment of EPWP workers in OR Tambo District Municipality’ available at http://www.khulumani.net/active-citizens/item/1242-petition- support-the-demand-for-the-payment-of-epwp-workers-in-mthatha.html (accessed 27 September 2016).

206

Qualifications

Qualification Institution Year

Grade 10 Mount Nicholas Not stated

Professional and Personal Conduct

Wade was elected Councillor in the 2006 Local Government Elections as United Democratic Movement candidate for O. T District Municipality (2006-2011).

He has no known improper conduct.

207

Yeni Bhekizizwe Leslie, Mr.

EXECUTIVE SUMMARY

Mr. Yeni began his career an educator at Mbusomusha HP School, where he worked for a period of 7 years. In the 7th year of his employ at Mbusomusha HP School, he joined the police force and assumed a station commissioner position – a position he holds to date.

Work Experience

Name of employer Position Period

Department of Education, Mbusomusha HP Educator 1979 - 1986 School

South African Police Service Station Commissioner July 1986 - Present

Commitment to Human Rights

No information available

Qualifications

Qualification Institution Year

Diploma: Police Administration Technikon RSA 1998

Bachelor of Technology Policing University of South Africa 2006

Diploma in Law University of Johannesburg 2013

Professional and Personal Conduct

Mr. Yeni obtained his matric in 1986. He states, however, that he has been working since 1976 as an educator. He obtained a Diploma in Police Administration is 1998 – twelve years after he assumed the position of station commissioner at Msisini SAPS.

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Dr. UDESH PILLAY

Executive Summary

Dr. Udesh Pillay is a Group Executive at the City of Johannesburg. Dr Pillay has had an illustrious career in the academic field as well as in town and spatial planning. Dr Pillay has contributed to research around the social cost and benefits of mega events such as the 2010 World Cup in South Africa.191 Dr. Udesh is highly competent in urban development, geography, democracy and governance. He has been in executive management for a long period of time and has been in charge of large scale operations over the years and has been in leadership of a large number of employees while dealing with big projects. Dr Pillay spent a long period at the Human Sciences Research Council (HSRC) and has been instrumental in a lot of their research outputs that has spanned around a variety of issues including poverty alleviation, municipal governance and urban economic policy.

Work Experience

Name of Employer Position Period

University of Durban Associate Research 1994-1996 Specialist

University of Natal Senior Lecturer 1996-1997

Centre for Development Senior Research 1997-1998 and Enterprise Manager

Independent Electoral General Manager: 1998-2002 Commission Delimitation and Planning

HRSC Executive Director: 2002-2005 Surveys, Analyses, Mapping and Modelling Research Programme

191 Available at http://www.hsrc.ac.za/en/research-outputs/view/3749 last accessed on 26 September 2016

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HRSC Executive Director: 2005-2008 Urban, Rural and Economic Research Programme

HRSC Executive Director: 2008-2010 Centre for Service Delivery

HRSC Executive Director: 2010-2012 Democracy Governance and Service Delivery

City of Johannesburg Group Executive: 2012-Present Strategy, Spatial Policy and Relations

Commitment to Human Rights

The most widely known research by Dr. Pillay is perhaps his analyses of the benefits and costs of the 2010 World Cup in South Africa to the society at large.192 However, he has also dealt with issues around poverty alleviation and service delivery protests in some of his personal articles.193 Dr Pillay has shown critical thought leadership in his stay at the HRSC and has shown commitment to human rights through an array of academic articles which are qualitatively and quantitatively well research.194 He has also managed to link human rights with his specific field of expertise as an urban/economic/development geographer. His contribution in the book Development and Dreams: The Urban Legacy of the 2010 Football World Cup is telling of this.

192 Ibid 193 Available at http://www.bdlive.co.za/articles/2011/04/01/udesh-pillay-delivery-protests last accessed on 27 September 2016 194 Available at http://www.polity.org.za/article/hsrc-statement-by-udesh-pillay-human-sciences-research- council-spokesperson-on-xenophobia-service-delivery-and-the-social-legacy-of-the-2010-world-cup-22072010- 2010-07-22 last accessed on 27 September 2016

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Furthermore, it is important to note the great experience that Dr Pillay has in large scale multi-year projects. He has done this within an array of government departments and projects and was as such impacted by the human element and the rights thereof that affect all government projects. Dr. Pillay has published numerous articles with other authors which have dealt with critical issues around the humanities field with specific focus on its impact on the society at large.195 He has looked as social change, informal settlements, public attitudes and urban development as part of his extensive research at the HSRC.

Qualifications

Qualification Institution Year

Bachelor of Arts University of Natal 1987

Bachelor of Arts (Hons) University of Natal 1988 Urban Geography

Masters of Arts University of Minneapolis 1991 (Geography)

PhD (Urban and University of Minneapolis 1996 Economic Geography; Infrastructure Planning; Town and Regional Studies

Professional and Personal Conduct

No known political affiliation or personal misconduct.

195 Available at http://www.hsrcpress.ac.za/product.php?productid=2025 last accessed on 27 September 2016

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i All sources referred to above were accessed on the 28th of September 2016 ii All sources referred to above were accessed on the 28th of September 2016. iii All sources referred to above were accessed on the 28th of September 2016 iv Could only verify her work experience from when she became a civil servant but not prior to that. v All sources referenced above were accessed on the 28th of September 2016. vi All sources referred to above were accessed on the 28th of September 2016 Please find a transcript of the Interview footnoted above in footnote 4. vii All sources referenced above were accessed on the 27th of September 2016. viii All sources referred to were accessed on the 27th of September 2016.

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ADDENDUM

The following three profiles have been drawn from a recent submission by Corruption Watch on candidates for the position of Public Protector. The profiles were compiled by Corruption Watch and the Democratic Governance and Rights Unit, and were submitted to the Parliamentary Ad Hoc Committee on the Appointment of the Public Protector on 8 July 2016. Given the limited time available for compiling profiles on the candidates for the SAHRC vacancies, it was decided not to repeat the research on these three candidates but to replicate these profiles instead.

BONGANI CHRISTOPHER MAJOLA

Executive summary

Professor Majola is an Advocate of the High Court and a former member of the Johannesburg Bar Council. He obtained a Masters of Law degree from Harvard Law School in 1988 and has previous experience as the National Director for the Legal Resources Centre. He occupied the post of Dean of the Law Faculty at the University of Limpopo. Majola was appointed as the deputy chief prosecutor at the United Nations International Criminal Tribunal for Rwanda (UNICTR) in 2003 and was subsequently promoted to Assistant Secretary General of the UN and Registrar of the UNICTR in 2013. Majola was nominated for the position of Public Protector in 2002, but declined the nomination.

Present employment Advocate of the High Court of the Republic of South Africa.

Qualifications  LLM (Masters of Law) degree – Harvard Law School (1988)  LLB (Bachelor of Law) degree – University of Zululand (1982)  B Juris (Bachelor of Law) degree – University of Zululand (1980)  Public Service Senior Law Certificate – University of Zululand (1977)  Public Service Law Diploma – University of Zululand (1975)

Previous employment  Assistant Secretary-General of the UN and the Registrar of the UN International Criminal Tribunal for Rwanda (UNICTR) (2013 – 2015)  Deputy Chief Prosecutor UNICTR (2003-2012)  National Director for Legal Resources Centre (1996-2003)  Professor and Dean of the Law Faculty at the University of Limpopo (1989-1996)  Senior Lecturer and then Associate Professor of Law (1982- 1988)  District Court Magistrate – Madadeni District (1977-1979)  Public Prosecutor – Madadeni District (1975-1977)  Administrative Clerk and Clerk at the Magistrates Court – Madadeni District (1971-1974) Does the candidate possess Yes. the formal qualifications and experience required by the Public Protector Act?

Pertinent professional Filling Baqwa's big shoes1 conduct “MPs have re-opened the process of finding a suitable successor for Public Protector Selby Baqwa, after only seven nominations were received for the key post. Other contenders include the national director of the legal resources centre, Professor Bongani Christopher Majola; Vista University’s Dean of Law, John Baloro; the University of the Transkei’s Dean of Law Mzambo Gumbi; and senior advocate Ferdinand Gustav Preller.”

Acquitted of Rwanda genocide, now left in legal limbo2 “Initially convicted for inciting mass killings -- at least 800,000 mainly ethnic Tutsis were slaughtered in just 100 days -- he was acquitted on appeal in 2013, theoretically left a free man but in reality a virtual prisoner with nowhere to go. ICTR registrar Bongani Majola explained that no country wants to take them in, leaving the court -- which is in the process of wrapping up its last cases and closing its doors -- with a final logistical headache.

ICTR Deputy Prosecutor Takes Office3 “The Prosecutor of the International Criminal Tribunal for Rwanda (ICTR), Ms Carla Del Ponte, has announced that the Secretary General has appointed Mr. Bongani Christopher Majola of South Africa as Deputy Prosecutor for the ICTR. Mr Majola arrived in Arusha yesterday and will take up his duties immediately.”

Chapter titled Cumulative Charges under International Criminal Law, in the book, Promoting Accountability under International Law for Gross Violations

Pertinent personal conduct No available information

Known political affiliation No available information

Nominated/applied No available information

1 http://mg.co.za/article/2002-01-01-filling-baqwas-big-shoes 2 http://www.dailymail.co.uk/wires/afp/article-2879322/Acquitted-Rwanda-genocide-left-legal-limbo.html 3 http://unictr.unmict.org/en/news/ictr-deputy-prosecutor-takes-office TSELISO THIPANYANE

Executive summary: Thipanyane is the CEO of the Safer South Africa Foundation. He is an admitted advocate of the High Court in South Africa and Lesotho and obtained a LLM from the University of the Western Cape, and LLB and B.S.c from the National University of Lesotho. Thipanyane was previously employed as the CEO of the South African Human Rights Commission and lectured in public law and criminal procedures at the University of the Western Cape.

Current employment Chief Executive Officer at Safer South Africa Foundation since 2015

Qualifications  B.Sc., National University of Lesotho (1986)  LLB, National University of Lesotho (1989)  LLM, University of the Western Cape (1997)  Admitted as an advocate of the High Court of Lesotho, 1993  Admitted as an advocate of the High Court of South Africa, 2003.

Previous employment  Independent consultant on human rights matters (2010-2014)  CEO of the South African Human Rights Commission (2006-2009)  Executive Director and Deputy Chief Executive Officer at SAHRC (2005-2006)  Corporate Affairs Officer at CRL Commission (2004-2005)  Head of Research and Documentation at SAHRC (1996-2004)  Lecturer in Public Law and Criminal Procedure at UWC (1994 – 1996)  Research Fellow Centre for Criminal Justice at UKZN (1990 – 1994)  Registrar of Deed, Patents and Trademarks at Ministry of Justice Lesotho (1989 – 1990)

Does the candidate Yes possess the formal qualifications and experience required in the Public Protector Act?

Public and other service  Member of the National Children’s Rights Committee’s Board (1995-1999)  Chairperson of the South African National NGO Coalition (1997)  Member of the SA Law Commission’s Juvenile Justice Project Committee. Appointed to the Committee by the Minister of Justice in 1996 in order to assist in the reform of the South African Juvenile Justice Legislation (1996-2000)  Member of the International Board of Advisors of the Children’s Institute of the University of Cape Town (2004-2014)  Board member of the Open Society Foundation for South Africa (2005-2007)  Board member of the Open Democracy Advice Centre (2006- 2009) Pertinent professional Thipanyane was reported to have resigned from the SAHRC after conduct some of his executive powers were removed by incoming chair, Lawrence Mushwana. Media reports state “Thipanyane had been expected to help ensure continuity after the entire team of commissioners left in September at the end of their non-renewable terms. He was arguably the most visibly active chief executive of any Chapter 9 institution. In addition to being the commission’s accounting officer in terms of the Public Finance Management Act he was its chief spokesperson under former chairperson Jody Kollapen.”4

Pertinent personal No available information conduct

Known political affiliation No available information

Nominated/applied No available information

4 http://mg.co.za/article/2009-12-11-mushwana-claims-first-hrc-casualty JONAS SIBANYONI

Executive summary: Sibanyoni is the director of the law firm Maluleke Seriti Makum Matlala Inc. He obtained a B Proc from the University of Zululand and is currently completing his LLM in Constitutional Litigation at the University of the Western Cape. Sibayoni served as a Member of Parliament for the ANC and was shortlisted in 2014 for a position at the Independent Electoral Commission.

Current employment Director of law firm of Maluleke Seriti Makume Matlala Inc.

Qualifications  B Proc, University of Zululand (1981)  LLM in Constitutional Litigation in progress (UWC)  Admitted as an attorney 1984.  Member of NADEL

Previous employment Also appears that he practised as Sibanyoni Attorneys, in association with Mohlolo Masego Inc, while a member of parliamen. The ANC “granted the necessary consent to practice Law whilst serving as a MP simultaneously”, according to CV.

2004 – 2014: Member of Parliament (ANC).  Served on Justice and Constitutional Development Portfolio Committee;  Joint Rules Committee; Social Development Portfolio Committee;  Joint Security Committee on Defence; Convenor of sub- committee on Civil Jurisdiction for Regional Courts;  Member of sub-committee on Traditional Courts Bill; co-chair of the ad-hoc joint committee dealing with the Judicial Code of Conduct  Chairperson of the Ad-hoc committee responsible for the appointment of the Deputy Public Protector (2004 / 2005).  Former member of the Judicial Service Commission  PR Officer, Spokesperson, then HOD, Corporate Services and Community Services – Metsweding District Municipality, Bronkhorstspruit, Kungwini office (2001 – 2004)  Practised as an attorney – Mukhari, Thobane and Sibanyoni (1996-2005)  Member of TRC’s Amnesty Committee (1998-2001)  National Co-ordinator of National Institute for Public Interest Law and Research advice offices (1996-1998)  Human Resource Manager, RDP project, Presidency (1995-1996)  Attorney with Mpho Molefe Attorneys (1990-1993)  Practised as an attorney (sole practitioner) (1985-1990)  Employed by SABC as DJ on Radio Ndebele (1984-1985)5

Does the candidate Yes possess the formal qualifications and experience required in the Public Protector Act?

Public and other service No available information

Pertinent professional In 2008, former Public Protector Lawrence Mushwana found that conduct Sibonyoni had solicited an “unlawful and irregular” donation from Kungwini municipality for his constituency office. Mushwana recommended that Parliament address his improper conduct, but no action was taken.6

Pertinent personal No available information conduct

Known political affiliation African National Congress

Nominated/applied No available information

6 http://www.iol.co.za/news/politics/public-protector-slams-donation-413272