PPfanelofanelo “It’s Your Right” Transforming Society. Securing Rights. Restoring Dignity Volume 21 The South African Human Rights Commission Newsle� er 01 - 30 June 2014 SAHRC launches report on Textbooks Delivery

#Bringbackourgirls Conference on Ending Corporal Punishment CONTENT Pfanelo Volume 21, 01 - 30 June 2014

In this issue.... The June 16 Soweto Youth Uprising

The June 16 1976 Uprising that began in Soweto and Delivery of Primary Learning Materials to Schools, p 03 spread countr y wide profoundly changed the socio-po- SAHRC concerned about growing incidents of corporal li� cal landscape in South Africa. Events that triggered the punishment in schools, p 07 uprising can be traced back to policies of the Apartheid government that resulted in the introduc� on of the Bantu Children must enjoy their right to educa� on in a Corpo- Educa� on Act in 1953. The rise of the Black Consciousness ral Punishment free environment, p 08 Movement (BCM) and the forma� on of South African Stu- dents Organisa� on (SASO) raised the poli� cal conscious- Ending corporal punishment in schools requires com- ness of many students while others joined the wave of mitment of all role players, p 10 an� -Apartheid sen� ment within the student community. When the language of Afrikaans alongside English was Public Call for Proposals: Open Data, p 12 made compulsory as a medium of instruc� on in schools in RIGHTS ABROAD: Expert Accredita� on Programme to 1974, black students began mobilizing themselves. On 16 build the capacity of African NHRIs, p 13 June 1976 between 3000 and 10 000 students mobilized by the Soweto Students Representa� ve Council’s Ac� on SAHRC’s role in the promo� on and protec� on of LGBTI Commi� ee supported by the BCM marched peacefully to rights, p 15 demonstrate and protest against the government’s direc- � ve. The march was meant to culminate at a rally in Or- June 16 memories, p 17, 25 & 26 lando Stadium. South Africa decide: SA elec� ons free and fair, p 18 On their pathway they were met by heavily armed police who fi red teargas and later live ammuni� on on demon- In the Hot Seat with ...? p 21 stra� ng students. This resulted in a widespread revolt that SAHRC Legal Offi cer Keri Ellis says I do, p 24 turned into an uprising against the government. While the uprising began in Soweto, it spread across the countr y and carried on un� l the following year.

The a� ermath of the events of June 16 1976 had dire con- sequences for the Apartheid government. Images of the Pfanelo is a publica� on of the South African police fi ring on peacefully demonstra� ng students led an Human Rights Commission interna� onal revulsion against South Africa as its brutal- Private Bag X2700, Houghton ity was exposed. Meanwhile, the weakened and exiled Johannesburg 2041 libera� on movements received new recruits fl eeing po- Tel: (011) 877 3600 • Fax: (011) 643 6472 li� cal persecu� on at home giving impetus to the struggle www.sahrc.org.za / [email protected] : @SAHRCommission against Apartheid. : SAhumanrightscommission SAHistor y.org : SAHRC1

Editor in Chief: Kayum Ahmed, CEO

CONTRIBUTORS: Editorial Team: Siyasanga Giyose, Head of Strategic Support and Governance • Mabedle Mushwana, Chairperson Isaac Mangena, Head of Communica� ons • Aubrey Mdazana - Human Rights Advocacy and Research Wisani Baloyi, Communica� ons Offi cer (Internal) Offi cer, Eastern Cape Alucia Sekgathume, Communica� ons Offi cer (External) • Oscar Nwandzule, Commissioners Programme Sizakele Ntoyi, Legal Secretary • Witness Ndala, Personal Assistant to the Chief Financial Zamile Mbanjwa, Admin Assistant Offi cer • Kebotlhale Motseothata, Visi� ng student Pfanelo Editorial team reserves the right to publish, edit, and reject ar� cles or pictures. “ Transforming Society. Securing Rights. Restoring Dignity”

“ Transforming Society. Securing Rights. Restoring Dignity” 2 NEWS Pfanelo Volume 21, 01 - 30 June 2014

Statement on Inves� ga� ve Report: Delivery of Primary Learning Materials to Schools

The SAHRC released a report following its inves� ga� on into the non- delivery of textbooks in some schools. The report, released by Commissioner Lindiwe Mokate on the 29th May The Commission found that in 2014 covers three years of intensive inves� ga� on that cov- rural schools, the lack of modern ered SA’s 9 provinces. modes of communica� on such as telephones, facsimile machines and internet access aff ected the ability of such schools to commu- nicate their orders, confi rm deliv- eries and report shortages to their respec� ve Departments. The reli- ance on physical modes of com- munica� on caused unfortunate delays and errors in the delivery of materials to learners.

(c) Delayed and erroneous orders for learner materials by Schools The Commission found that many schools either placed their orders for the supply of learner materi- als late, placed orders for the incorrect quan� ty, or in some in- stances did not place any orders at all. For the 2012 academic year, the Commission found that the CAPS Catalogue of learn- ing material was released late in Summary of Findings (a) Poor projec� on of demand at 2011. The phasing in of the CAPS School level system meant that certain school The Commission found that not The Commission found that there grades would receive new materi- all schools managed to make ac- were vast dispari� es between als in 2012 and 2013. This meant curate projec� ons of the number provinces in terms of their profi - there was a corresponding delay of the learners that would enrol ciency and success at managing in the placement of orders and in each grade in the following the delivery of textbooks. Some the delivery of learning materials academic year. In some instances PEDs had greater success than to learners. It was also reported the under-projec� on of demand others in the delivery of text- that in the same academic year, was on account of the school’s books. However, acknowledging certain books were unavailable at technical and managerial capac- provincial variances in perform- the � me schools required supply. ity to make meaningful es� mates. ance, the Panel iden� fi ed a gen- In other instances, the variances eral and over-arching range of un- (d) Delayed procurement and were explained by the incidence derlying causes that account for payments processes by Schools of last minute enrolments and the challenges faced by the coun- The Commission found that the changes of subject choices. try in delivery of primary learn- supply of books to Sec� on 21 ing materials to schools. These schools was generally frustrated (b) Poor communica� on infra- include the following: by the refusal of these schools to structure for rural Schools allow the Department to procure

“ Transforming Society. Securing Rights. Restoring Dignity” 3 NEWS Pfanelo Volume 21, 01 - 30 June 2014

Commissioner Mokate (2nd from le�) giving a statement on the Delivery of Textbooks Report during a media launch. books for them centrally. Other medium of instruc�on or the num- the provision of learner material. problems with Sec�on 21 schools bers of learners in each school. In most provinces, the amount related to their failure to pay the Consequently, Departments were allocated to schools for the pro- publishers for consignments ei- largely unable to reconcile their curement of learning materials ther on �me or at all. This has supply records with delivery was consumed by the payment caused late delivery of orders records. Therefore, whilst Depart- of staff salaries, o�en deple�ng for materials, and the refusal of ments claimed that their rates of that which was allocated for the service providers to grant further delivery were high, further analy- procurement of materials. It was credit to these schools. sis revealed that these rates of also apparent that Departments delivery did not correspond to lacked mechanisms to track and (e) Poor delivery verifica�on sys- school records of receipt of mate- monitor the spending pa�erns of tems in Schools rials. In part, although not wholly, schools. The Commission found that in this tended to be because schools many schools, the School Prin- place orders for material on the (h) Inadequate procurement cipals did not carry out physical basis of their enrolment rates in management systems verifica�on exercises to ensure the year preceding the year of The Commission found that whilst that the materials that they had delivery. Therefore, in instances certain provinces have elected received were correct. This sim- where the number of learners in to adopt a centralised model of ple prac�cal and procedural over- the school changed in the suc- procurement, other provinces sight has accounted for many of ceeding year, or where learners and the Na�onal Department do the instances of receipt of incor- had registered change in subject not have a credible procurement rect numbers and incorrect mate- selec�on, this would automa�- system and distribu�on system rials to schools. cally result in delivery deficits. that can be monitored centrally. It was reported that provincial IT (f) Inadequate datasets, sta�s�cs (g) Poor budget management systems do not interface with na- and record keeping at Provincial The Commission found that one �onal IT systems. Consequently, Department level of the biggest challenges affec�ng this makes it difficult for na�onal The Commission found that most almost all 9 provinces related to government to track, monitor, of the Departments did not have budget management. There ap- verify provincial and school ex- an accurate record of the number peared to be poor management penditure on learner material. of schools in their province, the of budgets allocated to PEDs for 4 “ Transforming Society. Securing Rights. Restoring Dignity” NEWS Pfanelo Volume 21, 01 - 30 June 2014

Deputy Chairperson Pregs Govender, Commissioners Ameermia and Mokate listen to delibera� ons about issues aff ec� ng children in accessing their right to basic educa� on

(h) Inadequate arrangements for lenges: ral areas must be budgeted for and ex- the delivery of materials to learn- 1) An independent Na� onal Audit pedited; ers with disabili� es of the LTSM Procurement and De- 7) A comprehensive and cohesive plan The Commission found that there livery System and Process must be to address the design and development were signifi cant challenges pre- undertaken by the Department of of suitable learning materials for learn- sented to learners who were blind Educa� on to address the systemic ers with disabili� es must be developed or par� ally sighted in accessing challenges iden� fi ed by the Com- and implemented. primary learning materials. There mission; appeared to be no coherent plan 2) A comprehensive data manage- Way Forward outlining the process for conver� ng ment system to track, record and learning materials into Braille. update the number of schools The Commission plans to take steps, in- and learners (per school, per dis- cluding but not limited to the following, The diffi cul� es in this regard appear trict and per province) must be to monitor state compliance with the to emanate from the absence of ac- established. above-listed recommenda� ons: curate sta� s� cs of the number of 3) A feasibility study that consid- a) Report to Parliament on the fi ndings learners with disabili� es; the inade- ers the development of a Na� onal and recommenda� ons of the Inves� ga- quate sensi� sa� on of educators and LTSM Electronic System capable of � ve Panel; department offi cials to the require- interfacing with exis� ng Provincial b) Convene high-level advocacy engage- ments of such learners; the insuffi - Systems must be undertaken; ments with key policy makers within cient a� en� on paid to learners with 4) Disciplinary Mechanisms to in- Na� onal and Provincial Government to disabili� es in rural areas; the lack of crease levels of accountability of foster compliance with recommenda- co-ordina� on within government as School Principals for the � meous � ons; to how the challenges of design and and correct procurement of learn- c) Monitor and Assess compliance lev- development of learning materials ing materials to schools must be els and impact of the recommenda- for these children will be overcome. put in place by the Department � ons over � me, in consulta� on with key and School Governing Bodies; stakeholders; Key Recommenda� ons 5) Regulatory Mechanisms to d) Conduct Awareness Sessions with monitor service delivery levels of Policy Makers and Implementors on hu- In light of the fi ndings of the Com- private service providers must be man rights approaches to service deliv- mission, the following are the main put in place; ery in the educa� on sector. Pf recommenda� ons advanced by the 6) Communica� on infrastructure Commission to address these chal- and equipment for schools in ru-

“ Transforming Society. Securing Rights. Restoring Dignity” 5 NEWS Pfanelo Volume 21, 01 - 30 June 2014

Minister of Basic Educa� on, must account for damning SAHRC report, DA

At the fi rst available opportu- The report is a clear indictment of sion regarding textbook delivery nity, the DA will write to the the leadership and overall man- and distribu� on to schools is not chairperson of the Parliamenta- agement of our educa� on system. surprising, the Inkatha Freedom ry Por� olio Commi� ee on Basic The � me has come for those re- Party said on Friday. Educa� on, reques� ng that the sponsible to be held to account. “As (a) party we expressed our Minister on Basic Educa� on, An- concern over the pupils because gie Motshekga, be summoned The Minister has responded to it’s simply that they are not given to Parliament to account for her the fi ndings, saying that the re- the best educa� on under this de- failings, as detailed in the South port is largely based on historical partment,” IFP KwaZulu-Natal ed- African Human Rights Commis- data, and that it now has cred- uca� on spokeswoman Thembeni sion’s (SAHRC) damning report, ible systems in place. Minister KaMadlopha-Mthethwa said in a Delivery of Primary Learning Motshekga states that the text- statement. Materials to Schools, made pub- book penetra� on rate is currently lic on 29 May 2014. 99%. We have reason to seriously “The department of basic edu- doubt this. ca� on did not know what was This comes a� er an inves� ga� on happening in the provinces be- by SAHRC that found that there Textbook fi ndings cause its computer systems were were sustained, vast dispari� es not synchronised with those of in textbook delivery between no surprise: IFP the provincial departments and provinces, severely hampering therefore could not track deliver- the right of all children to basic May 30 2014 at 05:05pm ies of books.” educa� on. By SAPA KaMadlopha-Mthethwa said the In 2012, under Minister Mot- INDEPENDENT NEWSPAPERS department’s lack of responsibil- shekga, the department failed ity over the ma� er called for gov- to deliver textbooks to schools Johannesburg - The fi ndings by ernment to deploy new offi cials in Limpopo. Two years later, the the SA Human Rights Commis- to the department. contagion has been allowed to fester in other provinces.

DBE response to and recommenda� ons contained implementa� on plan indicated the fi ndings within the report are already be- that this must be achieved by the ing implemented or form part of 2014/2015 fi nancial year and the the Departments plans going for- relevant budgetary alloca� ons The Department of Educa� on has ward. were increased accordingly. By responded to the Report by saying: But the Department is appealing the end of the 2013/2014 fi nan- “DBE has advanced signifi cantly in Textbooks Delivery Court case. cial year LTSM penetra� on had all of these areas since the commis- reached 99%. DBE is confi dent it sion of the SAHRC report by parlia- This include: will meet this target. ment. Since the publishing of the • The challenges iden� - • Rural to urban migra- preliminary report over a year ago fi ed in the SACMEQ III report re- � on, late or non-registra� on of in April 2013, the department en- leased in 2007 indica� ng LTSM learners by parents, parents who gaged with the report and began af- penetra� on at 45% na� onally was choose to move their children fec� ng ac� ons. The DBE as well as addressed extensively by DBE. Al- from one school to another or the Provincial Educa� on Departments ready in 2012 CEM took a decision reloca� on of families, among oth- have implemented many signifi - that there must be one textbook ers remains a challenge. cant changes in its LTSM acquisi� on per learner for every subject. The procedures. Most of the fi ndings

6 “ Transforming Society. Securing Rights. Restoring Dignity” NEWS Pfanelo Volume 21, 01 - 30 June 2014

SAHRC concerned about growing incidents of corporal punishment in schools

Experts in the Educa� on Sector provided much needed solu� ons on Ending Corporal Pun- ishment

The abuse of corporal punish- learner in Ekurhuleni was beaten authority over minor children at ment is signifi cantly rising in by a teacher and forced to wipe schools and at home.” schools following recent incidents out her blood with a toilet � ssue. reported in the media and com- He further indicated that as the plaints received by the Commis- Through this conference the Commission con� nues to receive sion on the use of force against SAHRC explored ways to make complaints of corporal punish- children in schools. The South Af- schools safer and more child ment, it is neccesary to work in rican Human Rights Commission friendly with the aim of curbing collabora� on with civil society tackled these issues aff ec� ng the prac� ce of corporal punish- organiza� ons, school governing children in schools through a two ment as a form of discipline. The structures and relevant govern- day conference hosted under the Commission further explored ment departments to ensure that theme, “ending corporal punish- ways to derive a meaningful and we all work together towards a ment in schools”. equitable way forward for the common purpose of ending cor- children of South Africa by estab- poral punishment in schools. Despite the exercise having been lishing a means through which it banned in schools, the confer- can monitor the situa� on. During the fi rst day of the confer- ence shockingly revealed that ence, a media press briefi ng was about 2.2 million children were The SAHRC Chairperson Mabedle hosted to launch the report on found to be abused in some way L Mushwana emphasized during non delivery of learning materials in 2012, which violates the chil- his keynote address that, “as a in schools, which has also been dren’s rights to basic educa� on human right en� ty we must pose viola� ng the rights of basic edu- and human dignity. It also re- ques� ons as to why corporal pun- ca� on of learners. fl ected on some of the cases be- ishment con� nues to be applied ing handled by the Commission, in schools, which is very much Pf including a recent case where a against the law and the Cons� tu- � on by those who are in parental

“ Transforming Society. Securing Rights. Restoring Dignity” 7 NEWS Pfanelo Volume 21, 01 - 30 June 2014 Children must enjoy their right to educa� on Corporal punishment in a Corporal Punishment free environment must be ended

children, whether at home or in South Africa abolished corporal schools, respects their human dig- punishment in September 1997 nity. and, seventeen years later, corpo- ral punishment is s� ll being applied The Commi� ee on the Rights of the by some educators in some schools Child has highlighted the State’s and also parents and caregivers in obliga� on to prohibit and elimi- some families and homes. nate all corporal punishment in all se� ngs, including juvenile jus� ce The aboli� on of corporal punish- systems. ment is in line with interna� onal prac� ces and indeed the fact that The Commi� ee has also stated that some of the corporal punishments “addressing the widespread ac- that were meted out were severe ceptance or tolerance of corporal and excessive and not conducive to punishment of children and elimi- the op� mum learning environment na� ng it, in the family, schools and or the proper development of the other se� ngs is...a key strategy for child. reducing and preven� ng all forms of violence in socie� es.” Corporal punishment violates in- terna� onal human rights norms Sec� on 29 of the South African and standards and Interna� onal Cons� tu� on provides that every- human rights law which require one has the right to basic educa- States to protect children from The promo� on and protec� on of the � on. This right has been referred corporal punishment, or what we rights of the child, including the right to by the courts as the most im- should in actual fact call violence to educa� on, is one area within the portant right that is inherent to the against children in schools. Commission’s broad mandate that as children’s human dignity. an ins� tu� on, we deemed fi t and ap- For instance Ar� cle 19 of the Con- propriate to focus our a� en� on on As a mandated ins� tu� on it is ven� on on the Rights of the Child without relega� ng other rights to the therefore impera� ve for us to en- requires State Par� es to take all periphery. sure that this right is accessible to “appropriate legisla� ve, admin- all and the human dignity of every istra� ve, social and educa� onal This broad mandate has given us the child is always protected. scope and la� tude to also focus on measures to protect the child from all forms of physical or mental those specifi c areas of human rights It is therefore of grave concern that violence, injury or abuse, neglect which, in our view, are s� ll lagging there are s� ll schools that con� nue or negligent treatment, maltreat- behind largely due to the extent and to administer corporal punishment ment or exploita� on including the magnitude of the injus� ces of the to learners. past. sexual abuse, while in the care of parent(s), legal guardian(s), or any This prac� ce undermines the legis- other person who has the care of Children must enjoy their right to edu- la� ve law, which abolishes corporal the child(teachers)”. ca� on in a se� ng and environment punishment in this country, and in- that is safe and upholds their dignity. deed the Cons� tu� on. Further the African Charter on the Rights and Welfare of the Child sim- The gathering organized by the SAHRC Coincidentally the conference on ilarly in Ar� cles 16 and 17 requires in Johannesburg from 29th to 30th corporal punishment was arranged States to take legisla� ve measures May 2014 provided an opportunity during the “The Child Protec� on to protect children from all forms to chart a path towards the eff ec� ve Week” which is a prac� ce that is of torture and inhuman or degrad- elimina� on of the perennial problem observed every year to highlight ing treatment. of corporal punishment in South Afri- the importance of crea� ng safer In addi� on, Ar� cle 11 calls upon can schools. communi� es for children. States to ensure that discipline of 8 “ Transforming Society. Securing Rights. Restoring Dignity” NEWS Pfanelo Volume 21, 01 - 30 June 2014

Corporal punishment must be ended

The Child Protec� on Week is the crea� on of the Department of Social Development, da� ng back to 1998, with its founding state- ment that reads: “This is done to create awareness amongst South African Communi� es about the shared role we each must play in safeguarding the children of our na� on”

As Africans we are all aware of one of the oldest proverbs, which states that “It takes a vil- lage to raise a child”. Therefore the Child Protec� on Adv Mushwana recently hosted pupils from Morris Isaacson and Protea Glen Secondary Schools as part of ‘Take a Girl Child to Work’ day Week which for this year started from 27 May and ends on 3 June, presents • As we ponder in retrospect the tal and physical - together with the an opportune moment to refl ect and damage and harm meted out to the lawbreakers who perform it” deal with the theme or topic of this child, to work towards fi nding las� ng Conference, namely, “Ending Cor- solu� ons and strategies to end this en- We dare not fail therefore as individual poral Punishment in South African demic canning of children at schools South Africans and collec� vely to dem- Schools”. and homes. onstrate that we are serious about the • As we con� nue to receive com- future of this country and therefore As a human rights commission we plaints of corporal punishment, it may our children are our priority today, to- convened the conference with all be necessary for us as a Commission morrow and forever. stakeholders, that include the De- to work in collabora� on with Civil So- partment of Basic Educa� on, teach- ciety organisa� ons, school governing As the South African Human Rights ers unions, School Governing Bodies, structures and relevant Government Commission we want to reiterate that Council of Educators, and others, Departments to make sure that we all corporal punishment must be ended as with the fi rm view that our resolve work and operate towards a common it violates the learner’s rights to educa- should be: purpose. � on and human dignity. • to embark on an arduous task of We should constantly be reminded posing searching ques� ons as to why by the Text from the Preven� on and We believe that we should have a con- corporal punishment con� nues to be Educa� on Manual (Childline South Af- sensus that we need to start afresh, to applied, very much against the law rica), which teaches us that physical re-evaluate and re-priori� se new ini- and the Cons� tu� on, by those who punishment is not acceptable because � a� ves to ensure that the role-players are in parental authority (loco paren- it teaches children that hur� ng others were sensi� zed to the prescripts of the � s) over minor children at schools is okay; it breaks down the rela� onship law. and at home. between parent and child or teacher We also believe that there needs to be • Why this fl agrant disregard of and child; it may damage children a roll-out of training for the teachers the law happens with impunity and physically; it opens the door to physical and school governing bodies through- where remedial sanc� on or correc� ve abuse; it damages children’s develop- out the country on corporal punish- measures have been taken if any, are ment and many others. ment. far less propor� onate to the damage In his ar� cle on corporal punishment, and harm caused to the child. Some Sir Frank Peters states that: “A country And we should all shout in one voice of the cases of corporal punishment that fails to invest in its children doesn’t and say that no learner should have to that we have adjudicated upon as have a future - the children are its fu- live in fear of physical violence admin- a Commission, reveal serious harm ture. The healing process can begin by istered by an educator, least of all as a and damage caused to the vic� m, ridding its schools and madrasahs of formal method of discipline. Pf who happens to be a child. the cruel, inhuman cruelty - both men- “ Transforming Society. Securing Rights. Restoring Dignity” 9 NEWS Pfanelo Volume 21, 01 - 30 June 2014 Ending corporal punishment in schools requires commitment of all role players

that, “(1) No person may administer corporal punishment at a school to a learner;(2) Any person who contra- venes subsec� on (1) is guilty of an off ence and liable on convic� on to a sentence which could be imposed for assault.”Sec� on 3(4)(n) of the Na� onal Educa� on Policy Act 27of 1996 states that,“...no person shall administer corporal punishment, or subject a student to psychological or physical abuse at any educa� on ins� tu� on” Independent schools too, are pro- hibited from using corporal punish- ment. This was confi rmed in the case of Chris� an Educa� on South Africa v Minister of Educa� on 2000 (4) SA Roleplayers delibera� ng on how to end Corporal Punishment 757. In this case, the applica� on was brought by parents of learners Despite having been abolished for 18 who alleged that “corporal correc- years, corporal punishment in schools Corporal punishment is defi ned by � on” cons� tuted a vital part of their con� nues with alarming frequency the UN Commi� ee on the rights of religious beliefs and the prohibi� on with the General Household Survey the child as ‘any punishment in which of the use of corporal punishment in 2012, indica� ng that some 2.2 mil- physical force is used and intended to schools violated their cons� tu� on- lion children were made subject to cause some degree of pain or discom- ally entrenched rights to prac� se the prac� se in this year. Of late, the fort, however light..It involves hi� ng their religion. Through a balancing SAHRC has noted a considerable rise or slapping a child with the hand or of interests, the court refused to of incidences of corporal punishment an implement (e.g. belts, canes etc.), exempt Chris� an schools from the in schools. kicking, shaking, or throwing a child, prohibi� on. pinching or pulling their hair; forcing Ma� ers of this nature coming to the a child to stay in an uncomfortable Despite legal provisions which ex- a� en� on of the Commission include or undignifi ed posi� on, or to take ist to protect children from corporal where a child was beaten with a black- excessive physical exercise; burning punishment in the school environ- board duster, where a child was beaten or scarring a child (and the threat of ment, sta� s� cs from the General with a brooms� ck, an instance where any of these ac� ons) as a form of dis- Household Survey 2012 indicate a child at a special needs school was cipline.’ that 15.8% of learners experienced struck by a teacher with a s� ck or an some kind of corporal punishment instance where a learner’s head was The prac� ce of corporal punish- in schools. Overall, this represents hit against a desk by a teacher. Despite ment in schools is contrary to the a marginal decrease from fi gures of the fact that this issue is frequently re- prescripts of the South African Con- 16.3% published in the 2009 Gen- ported on there is a considerable sense s� tu� on and interna� onal human eral Household Survey. Despite this, that this issue remains poorly under- rights norms and standards. It was considerable increases in incidences stood and that interven� ons in this re- outlawed in 1996 by sec� on 10(1) of of corporal punishment are visible gard remain sparse and fragmented. In the South African School’s Act 84 of in some provinces, such as the East- light of this, the South African Human 1996 (“School’s Act”) and further by ern Cape. In this province, the per- Rights Commission (“SAHRC/the Com- sec� on 3(4)(n) of the Na� onal Educa- centage grew from 25.5% to 30.3%. mission”) will be convening a na� onal � on Policy Act 27 of 1996 (“Na� onal This province also has the highest conference en� tled “Ending Corporal Educa� on Policy Act”). Sec� on 10 of incidence of corporal punishment in Punishment in Schools”, set to take the School’s Act specifi cally states the country, followed by Kwa-Zulu place on 29 and 30 May 2014. Natal. Gauteng shows the largest

10 “ Transforming Society. Securing Rights. Restoring Dignity” NEWS Pfanelo Volume 21, 01 - 30 June 2014

Provincial Managers at the ‘Ending Corporal Punishment Conference’

Corporal Punishment has grown from 25% - part of teachers, school-governing will produce outcomes which bodies, principals, trade unions, contribute to the improvement of 35% in the Eastern Cape parents, caregivers, community school life for children across the members, non-governmental or- country, allowing them to be edu- rate of reduc� on between 2009 and ganisa� ons and other independent cated without fear or exposure to 2012, with fi gures of 11.7% and 4.6% ins� tu� ons, as well as government inhumane treatment through cor- respec� vely. to ensure the safety of learners at poral punishment. schools and to protect them from Through convening a conference this form of physical violence. Pf on “Ending Corporal Punishment in Schools”, the SAHRC aims to sensi� se It is the sincere hope of the Com- role-players to the nature and scope mission that convening this event of the current situa� on; to understand the role of stakeholders in implement- ing the dictates of the law sanc� oning corporal punishment in schools; to un- pack the challenges to implementa� on of the law; to explore how to make schools safer and more child friendly through curbing the prac� ce of corpo- ral punishment as a form of discipline; to derive a meaningful, just and equi- table way forward for the children of South Africa and to establish a means through which the Commission can monitor the situa� on going forward. Corporal punishment in schools is a challenge that requires the commit- ted and intensive involvement of many roleplayers, if it is to be overcome. Constant vigilance is required on the

“ Transforming Society. Securing Rights. Restoring Dignity” 11 NEWS Pfanelo Volume 21, 01 - 30 June 2014 Public Call for Proposals: Open Data

The South African Human Rights Com- mission (SAHRC) would like to make a public call for proposals from organisa- � ons with the relevant knowledge and capacity to conduct a feasibility study and assessment on South Africa’s readiness for an open data portal. This feasibility study will be aimed at es- tablishing a founda� on for a road map to direct South Africa in launching the portal. Interested organisa� ons must be willing to partner with the Commis- sion, and work on a pro bono basis, or raise donor funds for the project.

The SAHRC is the na� onal ins� tu� on established to support cons� tu� onal democracy. It is commi� ed to pro- mote respect for, observance of and protec� on of human rights for every- one without fear or favour. The Com- tained within the Bill of Rights. � es and civil society engage with mission was established under the public ins� tu� ons. Human Rights Commission Act 54 of The term open data refers to a move- 1994 and as provided for by the Con- ment which calls for the online public The SAHRC is commi� ed to facilitat- s� tu� on of the Republic of South Af- release of data. The release of such ing the commitments made in the rica Act 200 of 1993. data is free from restric� ons such as NDP and under the OGP to open copyright, fees and patents, and able data, in line with the Cons� tu� onal Through its par� cipa� on in the Open to be reused, desegregated and com- provisions for an open and trans- Government Partnership (OPG) plat- piled with various other datasets by parent government, the realisa� on form, South Africa has developed an anyone. Increasing relevance has been of the right of access to informa� on Ac� on Plan which contains the estab- assigned to the concept of open data and the legislated provisions of the lishment of an online open data portal as a func� on of open government, Promo� on of Access to Informa� on to host environmental management par� cularly in rela� on to development Act (PAIA) in rela� on to the volun- informa� on as a key target. This com- studies and within contemporary de- tary disclosure of informa� on. The mitment has been echoed in the Na- bates around democracy, which place SAHRC open data project would in- � onal Development Plan which speaks emphasis on par� cipatory governance clude an analysis of the accessibil- of making “more open data available” and state accountability. Indeed, one ity and usefulness of datasets and as a means through which to tackle of the most cri� cal values of open data informa� on released to improving corrup� on, increase government ac- is the pla� orm it creates to promote livelihoods, enhancing poli� cal par- countability and transparency, and government transparency, to allow for � cipa� on and aiding the demands further the objec� ves and implemen- ci� zens to hold government account- of the pubic for sustainable devel- ta� on of the Promo� on of Access to able, and to advance the meaningful opment and social jus� ce. Informa� on Act. engagement of ci� zens in policy-mak- ing. Open data has, therefore, been Proposals are to be submi� ed to The SAHRC is engaging in a project to hailed as a digital revolu� on that has Rachel Ward at [email protected]. bring about the establishment of an the poten� al to bring about radical za by the 6 June ‘14. The propos- online open data portal to host govern- social change by bridging the power- als will be independently reviewed ment informa� on and data. Through knowledge gap between government before a suitable organisa� on is se- strategic exercises aimed at strength- and society, and crea� ng a paradigm lected to partner with the SAHRC ening the realisa� on of the rights con- shi� in the way individuals, communi- on this project. Pf 12 “ Transforming Society. Securing Rights. Restoring Dignity” NEWS Pfanelo Volume 21, 01 - 30 June 2014

Rights Abroad

Expert Accredita� on Programme to build the capacity of African NHRIs

Opening remarks by Adv Mabedle L Mushwana, SAHRC Chairperson. The workshop was held from 12 - 16 May 2014- at the SAHRC Offi ces in Johanneburg

It is a great honor and privilege to have the opportunity this morning, on be- half of the South African Human Rights Commission, the Steering Commi� ee of the Network of African Na� onal Human Rights Ins� tu� ons (NANHRI) to welcome you to South Africa and in par� cular to the South African Human Rights Com- mission for this third and fi nal phase of the NANHRI Expert Accredita� on Pro- gramme.

Let me immediately extend my appre- cia� on to the Raoul Wallenberg Ins� tute (RWI) for their unwavering support to the NANHRI and their commitment to advancing human rights in Africa through building the capaci� es of African NHRIs Adv Mushwana at the accredita� on workshop at the SAHRC Head to eff ec� vely address human rights. Offi ces, Johannesburg

As we may all be aware, the idea of pilot- build capaci� es of African NHRIs on ing an Expert Accredita� on Programme an ongoing basis. Let me also extend my congratula- for NANHRI was borne from discussions The RWI remains an invaluable and � ons to NANHRI for the important between NANHRI and its partner the cherished partner to NANHRI and role it con� nues to play in advanc- RWI. we therefore take this opportunity ing the promo� on and protec� on of to express our sincere thanks and human rights within the Con� nent The discussions sought to fi nd solu� ons gra� tude for this con� nued col- under very diffi cult and challenging to the increasing shortages of Experts in labora� on. circumstances imposed by both fi - the region in the area of Human Rights nancial and personnel constraints. Training and specifi cally Experts who We also thank the Swedish Inter- have prac� cal experience in terms of the na� onal Development and Coop- But such challenges are also a re- func� ons and roles of NHRIs. era� on Agency for the fi nancial ality for most NHRIs and it is thus support accorded towards the im- important that we devise ways to This scarcity of resource persons has plementa� on of this project. harness the wealth of exper� se and been ongoing for a long � me with no It is envisaged that the experts experience that rests with NHRIs. tangible a� empt being made to begin to under this programme shall there- mentor new talent and skills in order to fore be called upon from � me to The resource persons gathered here build an ins� tu� onal memory within the � me and when such a need arises today represent only a frac� on of NANHRI and indeed to always have the to build the capacity of African the human rights exper� se that lies availability of skilled resource persons to NHRIs. untapped within NHRIs. Thus, this project is a step in an im- “ Transforming Society. Securing Rights. Restoring Dignity” 13 NEWS Pfanelo Volume 21, 01 - 30 June 2014

portant direc� on as it recognises that NHRIs themselves can contribute to their own successes through experi- ence-sharing and knowledge transfer.

I also acknowledge the important role that each of your ins� tu� ons played in facilita� ng your presence here today.

This represents a commitment to the process of strengthening our ins� tu- � ons as it is very important that NHRIs iden� fy not only how they can benefi t from the experiences of other NHRIs but how they too can facilitate the strengthening of other NHRIs.

I thus commend each one of the par- Par� cipants at the workshop eager to consume knowledge on accredita� on � cipants for accep� ng the call from NANHRI to par� cipate in this expert accredita� on project. all of you the best in your prepara- rights for our people, we fi nd comfort This will certainly enhance NHRIs’ ca- � ons and subsequent presenta� ons in the knowledge that there are many pacity to eff ec� vely discharge their to the various audiences that you dedicated individuals to the cause of mandates. shall be mee� ng during the course human rights and who are willing to of this week. fi ght for these rights. This being the fi nal leg under the pro- gramme, I am acutely aware that this In conclusion, while we are faced by shall be a very busy week for you and I numerous challenges in our eff orts therefore take this opportunity to wish to advance the realisa� on of human

SAHRC CEO Kayum Ahmed at the workshop

Pf

14 “ Transforming Society. Securing Rights. Restoring Dignity” NEWS Pfanelo Volume 21, 01 - 30 June 2014

SAHRC’s role in the promo� on and protec� on of LGBTI rights

This is an edited speech delivered gramme comes at a � me when marginalized group. at the launch of the South African not only South Africa, but Africa Lesbian, Gay, Bisexual, Transgen- and the world at large grapple Over the years the SAHRC has der and Intersex (LGBTI) pro- with the promo� on and protec- contributed to the promulga� on gramme at the Cons� tu� on Hill, � on of human rights for LGBTI and amendments of laws that Johannesburg, 29 April 2014. persons. were discriminatory against per- sons on the basis of their sexual By Adv. Lawrence Mushwana In South Africa, our cons� tu� on orienta� on. serves as our point of reference for upholding the human rights Today, South Africa has repealed for all. all discriminatory provisions; which is indeed a landmark Our cons� tu� on further ensured achievement. the crea� on of custodian ins� - tu� ons that would support de- Yet, in the years that these chang- mocracy, including through the es were being eff ected, levels of promo� on, protec� on and moni- homophobia and a� acks against toring of the realisa� on of human homosexuals have increased. rights in South Africa, such as the South African Human Rights Com- The anecdotal evidence from mission (SAHRC). media reports of murder, brutal rape and other a� acks, especially The SAHRC recognised the need against lesbians, bears credence It is apt that we took a moment to pay par� cular a� en� on to the to this alarming trend. of silence in honour of those who rights of LGBTI persons within the have lost their lives fi gh� ng for broader context of equality and, Public proclama� ons amount- their right to be treated with dig- as the Chairperson of the SAHRC, ing to hate speech against LGBTI nity and without discrimina� on. I am tasked with overseeing the persons have found space in the I recall in 2008 the brutal rape promo� on and protec� on of the media. and murder of Eudy Simelane rights of this vulnerable and o� en Recently the SAHRC held a round- and whose death forms part of the backdrop for addressing hate crimes in South Africa today.

I commend the Department of Jus� ce and Cons� tu� onal Devel- opment and the other stakehold- ers for eff orts being made to en- sure that the rights envisioned by the Cons� tu� on are a reality for everyone and especially those who are vulnerable and margin- alised.

SAHRC’s role in the promo� on and protec� on of LGBTI rights LGBTI community con� nue to feel neglected despite Cons� tu� on The launch of this LGBTI Pro- providing them with rights. Pic: The atlan� c

“ Transforming Society. Securing Rights. Restoring Dignity” 15 NEWS Pfanelo Volume 21, 01 - 30 June 2014

Sexual orienta� on and gender iden� ty is crimina� on and hate crimes against s� ll deemed a sensi� ve issue LGBTI persons as a point of refer- ence and further that the South Afri- table on equality in Soweto, which It reinforces South Africa’s posi� on can government can share its expe- included discussions on address- within Africa as a leader in the pro- riences in promo� ng and protec� ng ing rights of LGBTI persons and mo� on and protec� on of the rights human rights for all and especially the ways to mi� gate challenges of LGBTI persons. those who are vulnerable and mar- experienced in the eff orts to pro- ginalised. mote and protect their rights. Those who are marginalised look to South Africa to lead the way within Conclusion In its latest Equality Report (2012), the na� onal, regional and interna- the South African Human Rights � onal spheres. Despite the many posi� ve strides that Commission included a chapter have been made, sexual orienta� on on equality and sexual orienta- Indeed, South Africa has taken a and gender iden� ty is s� ll deemed � on. Several recommenda� ons stance interna� onally by presen� ng a sensi� ve issue. Within many cul- were put forward including: the United Na� ons Human Rights tures around Africa and across the Council’s resolu� on 17/19 on sexu- globe, homosexuality and gender That at “the systemic level, there al orienta� on passed in 2011 which iden� ty were not spoken about. needs to be a well funded and was the fi rst-ever UN resolu� on to However silence is not an op� on be- supported LGBTI sector, as well as focus specifi cally on viola� ons of cause lives are at stake and there is a alliances between LGBTI organisa- human rights based on sexual ori- duty upon each one of us to uphold � ons and all other human rights enta� on and gender iden� ty. the dignity and promote the respect organisa� ons and defenders. All of rights for everyone. We need to government departments (but Likewise the SAHRC has endorsed end impunity by ensuring that the especially those represen� ng the statements presented before the perpetrators of violence against LG- criminal jus� ce system) need to United Na� ons Human Rights Coun- BTI persons do not escape without be held to account by, and work cil in support of the promo� on and penalty. The programme launched with, NGOs and rights defenders protec� on of the rights of LGBTI at the Cons� tu� on Hill during the (including Chapter Nine ins� tu- persons. month when we celebrate our hard- � ons), and commit to processes won freedom, provides an impetus and policies, which uphold the In both instances South Africa was to eff ec� vely address challenges laws of the country. Social upli� - one of, if not the only, African voice that have hindered LGBTI persons in ment programmes, and economic affi rming its commitment to equal- South Africa from truly living within policies which build a more equal ity for all. a society that the Equality clause society, can address the grind- in our cons� tu� on envisioned. We ing poverty, which enables some We are thus fortunate that our leg- have a duty to ensure that it is im- of the excesses of discriminatory acy has taught us important lessons plemented within the spirit within prac� ce”; And that the “train- of freedom, dignity, equality and which it was drawn. ing of the civil service on issues jus� ce and that this has awakened around diversity, commitment to us to grasp the essence of crea� ng The SAHRC looks forward to con- building greater consensus within an environment conducive for di- � nuing working together with the government about the value of versity in all aspects including race, Department of Jus� ce and Cons� - addressing LGBTI rights, and a language and sexual orienta� on. tu� onal Development, the various meaningful commitment to an in- governmental departments and civil clusive na� onal iden� ty, can help We also draw from interna� onal society in ensuring that all South Af- make the Equality Clause a reality human rights norms and standards, ricans live as equals without fear, as rather than an ideal.” which dictate the minimum provi- was the dream twenty years ago. sions for the realisa� on of human Leading by example rights for all. Adv. Mushwana is the Chairperson of the SA Human Rights Commis- The launch of this programme is Adhering to these norms and stand- sion. thus a step forward in the journey ards is a requirement for all States for the pursuit of equality and jus- and I hope that other States in Af- � ce for LGBTI persons. rica and around the globe will use Pf our experiences in addressing dis- “ Transforming Society. Securing Rights. Restoring Dignity” 16 NEWS Pfanelo Volume 21, 01 - 30 June 2014 OPINION: Let us observe how far we have come, honour June 16 heroes

from fi gh� ng against Afrikaans as seems to be the only place where a medium of instruc� on, to fi ght- money comes easily. We don’t ing against modern day economic read enough and express ourselves slavery as the only means to an enough. We bully each other for end. The youth now demands being diff erent and our accents de- quality educa� on and be� er op- termine how seriously we are taken portuni� es. Our minds are walk- as well as how far we go. ing treasures and we deserve to have our value acknowledged for Being a youth in South Africa is the the be� erment of society. most pleasant, yet diffi cult thing in the world. Especially when you do We, the youth, are the leaders of not have much to sustain yourself. tomorrow and we deserve to be Kebotlhale Motseothata, When your path is a mystery to heard and taken seriously. We Visi� ng student you and your inadequacies remain need to be taught about the na- your constant obstacle. When you ture of growth in order to carry constantly wonder if your voice will forward the light of our leaders. ever be heard and understood. You Being young in modern day South We are currently blinded by mate- struggle to fi nd paths of peace and Africa is one of the best feelings rial things and our only aim is their the journey of bringing about a dif- in the world. The youth is fi nally acquisi� on. We seek our worth ferent kind of revolu� on feels like free. Although it does not feel like in toxicity and are losing our cul- a far fetched, unrealis� c dream. we have acquired the ul� mate tures, manners and tradi� ons in Where the fi ghters of yesterday sense of libera� on, the hope that the process. We mistreat each have abandoned us for the pursuit we will prosper and encounter op- other and torment our elders. of tenders and power. The healing portuni� es lies as our only source We waste more than we save and and restora� on of the country bur- of inspira� on. complain more than we work. dens your shoulders and the hope of saving yourself and your family Thirty Eight years later, being In this informa� on era, we grasp is the only thing that keeps you go- young in South Africa means pro- things that delay us than those ing. tes� ng against diff erent kinds of that enrich us. We are more fortu- inequali� es. Where the struggles nate than the youth of 1976, yet The only way to truly honour those form various components of the we are blinded by the nonchalant who struggled to make this demo- ul� mate struggle. The part where ills of this world. This freedom was cra� c South Africa existent, is to we are at war with ourselves be- fought for, students were gunned observe how far we have come cause we struggle to fi nd peace down for it and the least we can and how far we s� ll need to go. in our diff erences. Our struggle do is fi ght in their honour for le- The youth is not as ac� ve in heal- for libera� on is now about fi ght- gi� mate places in society. This is ing and restoring the nature of this ing for our iden� � es so that we not the � me to facebook our van- country as it should be. But being can be fully recognised as human ity, but to connect with our broth- young in South Africa also means beings and not as a danger to so- ers and sisters all over the country having hope. It means acknowledg- ciety. The struggle is for us to be and con� nent. This is the � me for ing one’s opportuni� es and being fully recognised as human beings us to put our heads together and grateful that one has a source of capable of transforming the world fi nd solu� ons. light. It means ge� ng up and fi ght- into what it could be, regardless ing each � me we fall and believing of skin colour or background. Being young in South Africa means that nothing is impossible. The di- having ideas and not knowing versity and beauty of our country is In this twenty years of freedom, who to pitch them to. It means inspiring and through it, the spirit being young in South Africa means having talent, but allowing the of the youth of 1976 lives on. The refusing to allow circumstances industries that are supposed to youth will one day bring change. to dictate our future. The South nurture it, exploit it. We all aspire Pf African youth has now shi� ed to be in the limelight because that “ Transforming Society. Securing Rights. Restoring Dignity” 17 NEWS Pfanelo Volume 21, 01 - 30 June 2014

South Africa decide: 2014 elec� on results overview

Total valid votes: 18,402,497 Spoilt votes: 251,960 Total votes cast: 18,654,457 Namibia to head the SADC Elector- Voter turnout: 73.43% al Observa� on Mission (SEOM) to Registered popula� on: 25,381,293 South Africa.

Party Voters Percentage Seats The Mission arrived on 21April 2014 and observers underwent a two - ANC 11,436,921 62.15% 249 day refresher training course. The DA 4,091,584 22.23% 89 Mission consisted of 188 observers EFF 1,169,259 6.35% 25 who were deployed in all nine prov- IFP 441,854 2.40% 10 inces of South Africa. The Mission NFP 288,742 1.57% 6 was preceded by the SADC Electoral UDM 184,636 1.00% 4 Advisory Council (SEAC) assessment VF PLUS 165,715 0.90% 4 mission that took place from 26 to COPE 123,235 0.67% 3 29 March 2014, to assess the level of ACDP 104,039 0.57% 3 preparedness and readiness of the AIC 97,642 0.53% 3 country to hold the 2014 Na� onal AGANG SA 52,350 0.28% 2 and Provincial Elec� ons. The SEOM PAC 37,784 0.21% 1 was assisted by the SADC Electoral APC 30,676 0.17% 1 Advisory Council (SEAC) during the elec� on period.

SADC observer mission sa� sfi ed with Elec� ons SEOM consulted diff erent stakehold- ers in fulfi lment of its mandate in order to gather informa� on on vari- fair as provided for in the SADC 26 May 2014 ous aspects of the electoral process. Principles and Guidelines Govern- Interac� ons with these stakeholders The Southern African Develop- ing the conduct of Democra� c greatly assisted SEOM to understand ment Community (SADC) wishes Elec� ons. the legal framework and poli� cal en- to welcome you at this media Consistent with the established vironment of the country. conference and thank you for prac� ce, the South African Gov- honouring our invita� on this early ernment invited SADC to send an SEOM observed that electoral cam- in the morning. Observa� on Mission to the 2014 paigns were generally peaceful. Na� onal and Provincial Elec� ons. It is an established prac� ce for Contes� ng par� es demonstrated poli� cal tolerance and maturity. SADC Member States to observe His Excellency Hifi kepunye Po- However, there were incidents of elec� ons in the region as part of hamba, President of the Republic infl ammatory statements made by regional eff orts to strengthen de- of Namibia and Chairperson of some par� es that were inconsist- mocracy. SADC regards elec� ons the SADC Organ on Poli� cs, De- ent with Sec� on 99 of the Electoral as an important component of fence and Security, offi cially con- Code of Conduct. SEOM also noted the region’s democra� c dispensa- s� tuted the Observa� on Mission that there were sporadic incidents � on. and mandated the SADC Execu- of violence and in� mida� on during � ve Secretary to facilitate the de- campaigns in some provinces. Some In observing elec� ons, SADC Elec- ployment of the Mission. toral Observa� on Mission (SEOM) of these incidents were related to service delivery protests and indus- assesses the extent to which the President Pohamba appointed trial ac� ons. electoral process was credible, me in my capacity as Minister of peaceful, transparent, free and Foreign Aff airs of the Republic of 18 “ Transforming Society, Securing Rights, Restoring Dignity” NEWS Pfanelo Volume 21, 01 - 30 June 2014 SA elec� ons free and fair

Access to public media is one of the key principles governing democra� c elec� ons in the SADC region. Dur- ing the electoral campaign, SEOM noted that air-� me was equitably allocated to poli� cal par� es by the public broadcaster, the South African Broadcas� ng Corpora� on (SABC) on the basis of their representa� on in the Na� onal Parliament. SEOM also noted that poli� cal par� es were in- vited by the public broadcaster to par� cipate in debates.

SEOM noted that the Independent Electoral Commission conductedBeyond its South Africa work of managing the elec� ons in a South Africans, including born-frees took to the polls in the 5th demo- transparent and professional man- cra� c elec� ons. Pic: CTV news ner. SEOM noted the presence of po- li� cal party agents at vo� ng sta� ons, as well as domes� c and interna� onal votes. SEOM observed that voters short-comings and concerns are not observers deployed throughout the who needed assistance were as- of such magnitude as to aff ect the country. sisted to cast their votes. credibility of the overall electoral process. SEOM teams observed both the SEOM observed that coun� ng start- opening and closing of the vo� ng ed immediately a� er the closing of Guided by the SADC Principles and sta� ons and noted that the proce- the vo� ng sta� ons. The prescribed Guidelines Governing Democra� c dures were in conformity with the coun� ng procedures were adhered Elec� ons, SEOM concludes that the provisions of the Electoral Law of to. 2014 Na� onal and Provincial Elec- South Africa. SEOM teams also ob- � ons were peaceful, free, fair, trans- served that vo� ng materials such as SEOM also observed that poli� cal parent and credible, refl ec� ng the ballot papers, ballot boxes, voters’ party agents as well as domes� c will of the people of South Africa. roll, indelible ink, were in place at and interna� onal observers were the various vo� ng sta� ons visited. present during the vo� ng and SEOM urges all poli� cal par� es, and However, SEOM also observed that coun� ng process. other stakeholders, to respect the not all the materials were delivered will of the people in line with the on � me which resulted in delays of The SEOM also observed that count- Laws of the Republic of South Africa, the opening of some vo� ng sta� ons. ing offi cers announced the results and the SADC Principles and Guide- immediately a� er coun� ng as pro- lines Governing Democra� c Elec- Furthermore, the layout of vo� ng vided for in the Electoral Act. � ons. Any complaint rela� ng to the sta� ons enabled easy fl ow of the vot- electoral process should be referred ing. The perimeters were also clearly CONCLUSION to relevant legal dispute se� lement marked with direc� ons. Throughout mechanism of the country. the exercise, SEOM observed that SEOM observed that despite some the fl ow of voters was generally or- short-comings and concerns, such Finally, on behalf of the SEOM, I derly and the vo� ng con� nued un- as the late opening of some of the would like to express our gra� tude � l all voters who were in queue at vo� ng sta� ons, delay of the deliv- to the people of the Republic of the vo� ng sta� ons before the clos- ery of some vo� ng materials, and South Africa for their warm wel- ing � me, were allowed to cast their sporadic incidents of violence, such come and coopera� on during the work of our mission.

“ Transforming Society, Securing Rights, Restoring Dignity” 19 NEWS Pfanelo Volume 21, 01 - 30 June 2014 Commission for Gender Equality refl ects on elec� ons

The 2014 Na� onal and Provincial Elec� ons occurred on the 20th year of the advent of democracy in South Africa. As a cons� tu� onal body sup- por� ng democracy and primarily mandated to promote, protect and advance gender equality, the Com- mission for Gender Equality (CGE), therefore u� lized the occasion of the 5th na� onal democra� c elec� ons in South Africa not only to observe South Africans of all races, ages and socio-economic backgrounds exercis- ing their right to elect a government of their choice, but also to observe the democra� c principle of gender equality expressing itself through the Born frees all smiles as they queued to vote for the fi rst � me. ballot box as a measure of progress, Pic: The Ci� zen 20 years a� er the advent of democ- racy in this country. the diff erent categories of men and of the elec� on. As part of its man- The CGE sent a team of Elec� on Ob- women such as the disabled, preg- date to support South Africa’s de- servers across the country to observe nant women, young men and wom- mocracy, the CGE is currently dra� ing a total of 198 polling sta� ons, spread en, the elderly, men and women from its detailed elec� on observer report across all the nine provinces. Our Ob- disadvantaged rural communi� es and containing fi ndings and recommen- servers u� lized an observa� on tool those at risk of not being able to exer- da� ons to be discussed directly with that enabled them to observe and cise their right to vote due to gender the IEC. The aim is to ensure that the note the various stages of the process discrimina� on. Commission for Gender Equality con- of vo� ng on Elec� on Day. In par� cular, tributes directly towards the improve- the CGE’s Team observed the various The CGE is pleased to declare that no ment of the quality of ci� zenship of stages and aspects of the process, in- formal/legal and poli� cal factors were South Africans irrespec� ve of their cluding the opening procedures, the observed and deemed to have un- gender, thereby enhancing their abil- vo� ng process throughout the day dermined the right of both men and ity to exercise their democra� c right and the closing procedures as well as women to vote. We are also pleased to choose their leaders through free the technical management and over- to convey a message of approval and and fair electoral processes. all conduct of the elec� on process support for the work of the Inde- from a gender equality perspec� ve. pendent Electoral Commission (IEC) Keketso Maema, It was impera� ve for the Commission in managing the 2014 Na� onal and Chief Execu� ve Offi cer (CEO) to ensure that no systemic factors Provincial Elec� ons. Commission for Gender Equality were allowed to impinge on the right The Commission does, however, rec- of the voters, irrespec� ve of their ognize that any task of this magnitude gender, to exercise their democra� c - especially in a country such as ours right to choose their government. where socio-economic, geographic, Our Observers paid a� en� on to the literacy, fi nancial and even gender level of par� cipa� on of women and related factors con� nue to defi ne the men in the elec� ons process, no� ng quality of ci� zenship of millions of any factors that could poten� ally play South Africans - is bound to encoun- a role in undermining or enhancing ter numerous prac� cal challenges, the right of both men and women to and some of our observers did note vote. It was important also to observe many of these challenges on the day Pic: Lateral Unison

20 “ Transforming Society, Securing Rights, Restoring Dignity” Pf NEWS Pfanelo Volume 21, 01 - 30 June 2014

In the Seat with Aubrey Mdazana Human Rights Advocacy and Research Officer, Eastern Cape

very historic place of Healdtown Universi� es of Fort Hare, Pretoria, were the likes of Nelson Mandela, and Nelson Mandela Metropoli- Robert Sobukwe, and the exhaus- tan University, all in record � me. � ve list of top poli� cians, aca- My studies were more into edu- demics and business leaders one ca� on, same as it has been with could come to think of in South my profession un� l I could fi nd Africa, studied. Growing up in resonance in working for an in- that kind of an environment of- s� tu� on that I imagined being a fered me with no op� ons but to vehicle in shaping our society for subscribe to the doctrine of Chris- the be� er. � anity, something that the en� re community embraced, under the Describe your position at the Com- stewardship of the Methodist Church of Southern Africa (John mission and explain what it means Wesley). holding that position?

My upbringing was not en� rely I am Human Rights Advocacy and a bed of roses as I lost my dear Research Offi cer, earlier known mother at tender age, thanks to as the Educa� on Offi cer, Educa- the maternal love of my grand- � on and Training Offi cer. Refl ect- mother, uMaRadebe, who, like ing on these, one gets to have Tell us about Aubrey in a nutshell? a hen, took us (and my siblings) the impression that I do not really under her wings and nurtured know who I really am in terms of Aubrey is a loving father of three chil- us un� l we could see the light of my posi� on. Despite all of that, I dren in marriage, two boys and the day. She, together with my father, enjoy the kind of work that I do as youngest, a daughter, an apple of her would always stress the need to it brings fulfi lment in life. I take so father’s eye. I see myself as a selfl ess, be educated, as they were, as much pride and comfort knowing down to earth person who would they had nothing else to off er that any li� le thing, as part of my sacrifi ce everything in his endeavour outside of that. To them, educa- work, can make a tangible diff er- to promote harmonious interrelated- Police� on Brutality was the also only formed key to unlock part of all the exhibi�ence to on someone else’s life. I fi nd ness in his space. Coupled with that, doors in life. my posi� on interes� ng as it brings I love to promote peace and mu- out the best in me as an agent of tual coexistence in my engagements Educational Background? change. This becomes more ful- with all irrespec� ve of one’s back- fi lling as and when my work gets ground. This is premised on my pas- to benefi t the impoverished, the sion for my culture, which inculcates Despite the challenges of growing up, some of which I have managed poor, those in the peripheries of amongst the many values, the value our society. of ‘ubuntu’. to overcome, I have acquired the following higher educa� on quali- fi ca� ons; a Bachelors degree, a In summary can you take us through Where were you born and how was it Higher Educa� on Diploma, an your day at the Commission? growing up? Honours degree, a Further Educa- � on Diploma, a Masters degree My daily rou� ne as and when I I was born and bred from a small in Human Rights, a Post Graduate am in the offi ce is to switch on my town of Fort Beaufort, in a li� le but Diploma in Management from the li� le radio and listen to some of

“ Transforming Society, Securing Rights, Restoring Dignity” 21 NEWS Pfanelo Volume 21, 01 - 30 June 2014

not auger well with me. When I friends on a whole range of issues joined the ins�tu�on, I held the ranging from poli�cs to social life ins�tu�on in high esteem as the in general. Outside of that one, as champion of the poor. However, and when I manage to find �me having been with the ins�tu�on the interes�ng debates in SAFM to myself, I prefer reading books, for a number of years, it has been whilst perusing through the local least would be fic�on. Generally, I a frustra�ng experience. I guess newspaper taking par�cular inter- like watching TV with a par�cular I share similar sen�ments with est on ma�ers that have a direct focus on construc�ve debates on many of those who may have had bearing and/or find relevance to societal challenges, sport, and of an encounter with the workings the work of the Commission, par- course watching movies as well as of the Commission. �cularly those that have relevance documentaries par�cularly those to my work. This, I always believe, that have a bearing on us as a na- By way of an example, it cannot provides opportuni�es not only �on. be that an ins�tu�on of this na- for possible interven�on but fur- ture would priori�se one element ther enlighten me in terms of the Favourite activities? of its Cons�tu�onal mandate over work that I do. and above the other as it was the Being with my family stands out case in the past financial year/s Outside of that one, I would un- but I also like to listen to music – the protec�on aspect. It was dertake some desktop research when in the company of friends, never an accident of history that work on a whole range of issues outside of us deba�ng issues. In the promo�on aspect should as- par�cularly, including but not lim- addi�on, growing up in a rural sume precedence in our endeav- ited to the confines of the prede- community means that you will our to execute our mandate. This termined APPs but also to some have from �me to �me to be part is par�cularly relevant especially of the topical issues that are part of that ‘family’ and share with against the backdrop that many of the invita�ons and/or requests them their challenges in an effort of our people are, over centuries, made to the Commission for pos- to contribute to their livelihoods. beginning to experience freedom sible interven�on. This has become rou�ne, espe- that provides for such mecha- cially on weekends. nisms. The cross-cu�ng approach Liaising with external stakehold- to advocacy does not necessar- ers forms the basis of my engage- ily come closer in addressing that Any interesting thing that people ment with the outside world. One ‘late realisa�on’ (of not pu�ng don’t know about you? would u�lise the exis�ng database the cart before the horse). Only as well as extend my engagements when a strengthened advocacy I love my people! to include other like-minded en�- programme can we confidently �es in effort to establish rela�on- deal with all other elements of ships. Needless to indicate that Tell us the compliment you get most our mandate. Come to think of this has proved less stressful in it; when you have an established frequently from people? terms of not only implemen�ng human rights culture (a utopia), our APPs but also to ensure that “If I were a church leader, they there would be less and less com- the Commission is able to benefit would join my congrega�on”. My plaints, government would move from the resources of our exter- response has always been that I swi�ly in execu�ng its mandate. I nal (poten�al)stakeholders in an am not sure whether I can walk hope this does not expose my ig- effort to pursue the agenda of the the talk. There are established norance and/or naivety. Commission. processes and ‘Rome was never built overnight’ and that they My views about the Commission Day outside of the office? must persevere, the light is start- ing to shine in the horizon. My day outside of the office is My personal view with regard to characterised by engaging in how the ins�tu�on goes about Pf some form of debates with my conduc�ng its business does

22 “ Transforming Society, Securing Rights, Restoring Dignity” NEWS Pfanelo Volume 21, 01 - 30 June 2014 It’s Keri’s Day SAHRC Legal Offi cer Keri Ellis says I do

It is Human Rights Day, the 21st March 2014, and Western Cape Legal Offi cer Keri Ellis and Bernice Kannie shared nup� als during gli� ering recep� on in Hout Bay, Cape Town. The couple met in 2010 and have been together since 2011. Keri, an American, has been volunteering at the Western Cape offi ce since October 2012, focusing on complaints involving socioeconomic rights. Bernice is a Kaapstad born and bred. About one hun- dred guests of all ages a� ended the matrimonial ceremony which took place on a beau� ful rare sunny Cape Town morning. Among the who’s who at this candidate-for-a-wedding-of-the-year were many of the staff of the Western Cape offi ce, accompanied by their families. Guests came from near and far, the furthest from Anchorage, Alaska, almost halfway around the world from Cape Town. “We were deeply moved by the love and support of everyone who a� ended and who sent well wishes before and a� er.”

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“ Transforming Society, Securing Rights, Restoring Dignity” “ Transforming Society, Securing Rights, Restoring Dignity” 23 NEWS Pfanelo Volume 21, 01 - 30 June 2014

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1. Guests greet the newly married couple with bubbles and good wishes, 2. Bernice and Keri 3. Keri with her mother Jean. 4. From le� – Jennifer Komorowski (friend of the couple), Zena Nair (Senior Legal Offi cer, Western Cape), Melanie Lue Dugmore (Provincial Manager, Western Cape), 5. Bernice, marriage offi cer Virginia Spies, Keri. 6. From le� – Gina Perez (friend of the couple), Tammy Carter (Senior Legal Offi cer, Western Cape), Zena Nair (Senior Legal Offi cer, Western Cape), Warren Daly (friend of the couple), Julian Masimila (HURAP Offi cer, Western Cape)

Bernice all the best in their marriage Pfanelo wishes Keri and Pf 24 “ Transforming Society, Securing Rights, Restoring Dignity” NEWS PPfanelo Volume 21, 01 - 30 June 2014 Youth making change happen

the doors of the South African Human Rights Commission. The Art Exhibi- � on provided and canvas for under- standing of human rights to the youth of Katlegong in all its mul� -facted and mul� -layered interrelatedness. From the installa� on of a chess board with chess pieces that are all the same (as opposed to the usual pieces of King, Queen, etc) to an installa� on of the Na� onal fl ag which fades in colour; the art exhibi� on presented a unique opportunity for learning what human rights mean to South Africa.

As a young person who is privileged to work at the Human Rights Commis- sion, I refl ect on what it would mean to be a new member of Parliament, or a youth from Katlehong experiencing an art exhibi� on for the very fi rst � me, or to be a young person struggling against Oscar Nwandzule, May 7 Na� onal elec� ons, these youth poor service delivery, or to be a young Commissioners Programme are part of the new genera� on that will mine worker at Marikana having to de- take forward the vision of a democra� c cide whether go to work or stay away. South Africa. Part of the elements of What sets me and my peers within the this vision should be a commitment to Human Rights Commission apart is human rights. my exposure to understanding human rights. This essen� ally is what inspired During the month of May 2014, over this ar� cle. sixty young people from Katlehong, Ekurhuleni a� ended and par� cipated As a young person, I am inspired by in an Arts exhibi� on hosted by Offi ce change leaders such as Tsietsi Mashini- of the Chief Execu� ve Offi cer of the ni, Nelson Mandela, Malala Yousafzai, South African Human Rights Commis- and those who the media refer to as sion. These youth represented a wide nameless youth. As a young person spectrum of society; women, men, working in a human rights environ- youth with disabili� es, the employed ment, I look to those less privileged and the unemployed youth, some with and I see possible work for the Com- formal educa� on and others without, mission. Given our advocacy focus for youth with diff erent sexual orienta- 2014, I suggest that more interven� ons � ons etc. To me these youth were not should be done with youth. I hope that diff erent from those of 1976 who woke those youth in parliament, in Katle- Winds of change con� nue to blow up in the streets of Soweto to protest, hong, in Boitumelong and even in the across our country as we watch the not only against the use of Afrikaans as Commission, are inspired by the words celebra� on of twenty years of de- a medium of instruc� on in schools, but of former President Mandela, “young mocracy. Propelled by youth, these to demand a new change where they people are capable, when aroused, of changes are evident in our fi � h par- would be treated with dignity in soci- bringing down towers of oppression liament where some of the youngest ety. Their demand for human dignity and raising the banners of freedom.” members of Parliament are ushering a was � ed to a na� onal call for equality. We are change agents only if we are new change through poli� cal par� es. human rights ac� vists at heart. For many young people who voted for The youth of Katlehong woke up to the fi rst � me in their lives during the a new reality when they walked into

“ Transforming Society, Securing Rights, Restoring Dignity” 25 NEWS PPfanelo Volume 21, 01 - 30 June 2014 Memories of June 16

Witness Ndala refl ects on 16 June 1979

the fi rst group that year 1976 to and informed me that they were be taught in Afrikaans. Everyone going on a march. was frustrated including teach- ers. Firstly, I did not know what a march was un� l I saw it that day. 16th June 1976 was very cold and We went to school as usual but at we were in the middle of our half 09h00 pupils from high schools year examina� ons. My friend came to tell us to go out of our came to me running and showed classes to protest against being me a poster wri� en “Away with taught in Afrikaans. Afrikaans” that belonged to her Witness Ndala brother and the sister who were Police started to shoot the march- Personal Assistant to the Chief in high school and as a young per- ers and there was chaos all over. Financial Offi cer son I did not understand what Most students were shot and oth- all this was about. , She told me ers were arrested. Some of us I was 13 years old and I was in that they did not sleep preparing managed to escape and survived. Grade 7 (Standard 5). We were these posters. She was so excited

26 “ Transforming Society, Securing Rights, Restoring Dignity” NEWS PPfanelo Volume 21, 01 - 30 June 2014 New Cabinet Announced

President Jacob Zuma 15. The Minister of Basic Educa� on nology Minister - Angie Motshekga. Minister - . The Deputy President Cyril Ramaphosa 16. The Minister of Health 32. The Minister of Coopera� ve Gov- Minister - . ernance and Tradi� onal Aff airs MINISTERS Minister - . 17. The Minister of Interna� onal Rela- 1. The Minister in the Presidency � ons and Coopera� on 33. The Minister of Communica� ons Minister - Mr Jeff Radebe. Minister - Maite Nkoana-Mashabane. Minister - Faith Muthambi.

2. The Minister of Women in the Presi- 18. The Minister of Rural Development 34. The Minister of Human Se� lements dency and Land Reform Minister - . Minister - . Minister - Gugile Nkwin� . 35. The Minister of Tourism 3. The Minister of Jus� ce and Correc- 19. The Minister of Higher Educa� on Minister - . � onal Services and Training Minister - Michael Masutha. Minister - Bonginkosi “Blade” Nzi- mande. Did you know 4. The Minister of Public Service and Administra� on 20. The Minister of Economic Develop- South Africa has 20 men and 15 Minister - Collins Chabane. ment women Ministers as well as 20 men Minister - . and 16 women deputy ministers. 5. The Minister of Defence and Military Veterans 21. The Minister of Transport Former Gauteng Premier, Nomvula Minister - Nosiviwe Mapisa-Nqakula. Minister - . Mokonyane has been appointed Minister of Water and Sanita� on 6. The Minister of Home Aff airs 22. The Minister of Mineral Resources Minister - Malusi Gigaba. Minister - Ngoako Ramathlodi. SAHRC has released Water and 7. The Minister of Environmental Af- 23. The Minister of Social Development Sanita� on Report which revealed fairs Minister - . urgent need for the government to Minister - . address water and sanita� on in the 24. The Minister of Public Enterprises country. 8. The Minister of State Security Minister - Lyn Brown. Minister - David Mahlobo. The report found among others 25. The Minister of Sport and Recrea- that: government does not engage 9. The Minister of Telecommunica� ons � on suffi ciently with communi� es and and Postal Services Minister - . that there is complete lack of com- Minister - . 26. The Minister of Labour munica� on and access to informa- 10. The Minister of Police Minister - Mildred Oliphant. � on. Minister - Nkosinathi Nhleko. 27. The Minister of Arts and Culture A lack of access to adequate water 11. The Minister of Trade and Industry Minister - . and sanita� on impacts on most Minister - . peoples’ right to educa� on, health 28. The Minister of Public Works and environment. 12. The Minister of Finance Minister - . Minister - . A few communi� es complained of 29. The Minister of Small Business De- the environmental impacts of poor 13. The Minister of Agriculture, For- velopment estry and Fisheries Minister - . sanita� on and the quality of water Minister - Senzeni Zokwana. sources. 30. The Minister of Energy 14. The Minister of Water and Sanita- Minister - Tina Joemat-Peterssen. The report is available on www. � on sahrc.org.za Minister - Nomvula Mokonyane. 31. The Minister of Science and Tech-

“ Transforming Society, Securing Rights, Restoring Dignity” “ Transforming Society, Securing Rights, Restoring Dignity” 27 NEWS PPfanelo Volume 21, 01 - 30 June 2014

Don’t rush violence at Lonmin’s Marikana tac� cal response team line which mine in August 2012, including the is alleged to have killed 17 peo- fatal shoo� ng of 34 protestors by ple. There are a number of vital Marikana police on 16 August of that year. ma� ers on which Loest will not be SAHRC spokesman Isaac Mange- cross-examined and his evidence probe, SAHRC na made known that the SAHRC will not be tested,” Mangena said. had made an applica� on to cross He indicated that the SAHRC has cau� ons examine Captain Paul Loest, the lodged a formal complaint con- Commander of the Tac� cal Re- tending that the Marikana Inquiry Thursday, 15 May 2014 08:49 sponse team during the Marikana was being rushed. He also ex- shoo� ng, for two-and-half hours, pressed concern over President SAHRC Oral evidence before the but was granted only an hour. He Zuma’s decision to remove gov- Farlam Commission of Inquiry stated that to complete the wit- ernment responsibility from the should not be rushed, the SA Hu- ness’s evidence in one day un- scope of the Commission’s inves- man Rights Commission (SAHRC) dermined the inquiry’s credibility. � ga� on. said on Wednesday. The Commis- “Loest is a vital witness given that sion is inves� ga� ng the deaths of he was the commander of the 44 persons during strike-related

Presiden� al Inaugura� on

Commissioners Malatji and Ameermia a� ended the inaugura� on

1 Anelisa Bulana - 03 June (HO) Carol Ngwenyama - 05 June (MP)

Judith Cohen - 06 June (WC) Chantelle Williams - 08 June (NC)

Cindly-Lee Hangone - 08 June (WC) Rudzani Mambani - 08 June (HO)

Musa Mchunu - 09 June Thabo Mphore - 12 June (FS)

Sibongiseni Tula - 14 June (HO) Sizakele Ntoyi - 15 June (HO)

Nompumelelo Sobekwa - 20 June (HO) Nonandi Diko - 20 June (WC) 1. From le� : commissioner Nomasonto Grace Mazibuko - CGE, Sebenzile Matsebula - commit- tee of the UN-Conven� on on the Rights of Persons Siyasanga Giyose - 26 June (HO) Lauren O’Reilly - 22 June (GP) with Disabili� es, Winnie Madikizela-Mandela, Commissioner Malatji, and Mantsibile. 2. Comm 2 Ameermia, Former speaker of the Na� onal As- Herie� e Buga - 26 June (HO) sembly - Frene Ginwala, Commissioner Malatji Phillip Molekoa - 29 June (GP)

28 “ Transforming Society, Securing Rights, Restoring Dignity” NEWS PPfanelo Volume 21, 01 - 30 June 2014

A welcome celebra� on within the Commission- ers’ Programmes

On a cold Monday morning, the Commissioners’ Programme was abuzz with energy as staff gath- ered to celebrate and welcome Commissioner Mohamed Ameer- mia as well as Nobesuthu Cekiso, his new Personal Assistant. The welcome was hosted by the Com- missioners’ Programme Planning Team; Hellen Makwana and Meli- na Mojapelo (whom Commission- great team work within the Commissioners’ Programme. Amidst the laughter, er Ameermia has renamed as the ea� ng cake; the session also required all to share a secret with Commissioner Na� onal Planning Commission). Ameermia and Nobesuthu Cekiso. Everyone laughed at Commissioner Ameer- The session provided an opportu- mia’s secret.....but this is a secret that only the Commissioners Programme will nity for Commissioner Ameermia keep forever. and Nobesuthu Cekiso to get to know members of the Commis- Commissioner Ameermia is the Focal Commissioner for Housing and respon- sioners’ Programme and to forge sible for provinces; North West and Free State. Nobesuthu brings a wealth of experience having worked in Internal Audit. We welcome them on board. Happy Birthdays Anelisa Bulana - 03 June (HO) Carol Ngwenyama - 05 June (MP)

Judith Cohen - 06 June (WC) Chantelle Williams - 08 June (NC)

Cindly-Lee Hangone - 08 June (WC) Rudzani Mambani - 08 June (HO)

Musa Mchunu - 09 June Thabo Mphore - 12 June (FS)

Sibongiseni Tula - 14 June (HO) Sizakele Ntoyi - 15 June (HO)

Nompumelelo Sobekwa - 20 June (HO) Nonandi Diko - 20 June (WC)

Siyasanga Giyose - 26 June (HO) Lauren O’Reilly - 22 June (GP)

Herie� e Buga - 26 June (HO)

Phillip Molekoa - 29 June (GP)

“ Transforming Society, Securing Rights, Restoring Dignity” “ Transforming Society, Securing Rights, Restoring Dignity” 29 How to lodge a complaint

Visit one of our offi ces: more info on www.sahrc.org.za Complete the online form and send to [email protected] Twi� er: SAHRCommission Facebook: SAhumanrightscommission

Human Rights Calendar Days

11 July - World Popula� on Day

New Employee

Tshepang Sebulela - Research Associate Human Rights Advocacy

Promo� on

Nobesuthu Cekiso - PA to Commissioner Ameermia

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