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Annual Trends Analysis Report 2016/17

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Annual Trends Analysis Report 2016/17 ANNUAL TRENDS ANALYSIS REPORT 2016/17 equality health care food water dignity page | 2 TABLE OF CONTENTS List of acronyms page | 5 Definitions page | 6 Chapter 1: Introduction and context page | 10 Chapter 2: Profile and nature of complaints page | 12 Chapter 3: Alternative dispute resolution page | 42 mechanisms Chapter 4: Appeals page | 46 Chapter 5: Litigation page | 48 Chapter 6: Investigative reports page | 62 Chapter 7: National and/or provincial page | 66 investigative hearings Chapter 8: Overview of regional and international interventions undertaken by the page | 70 Commission Chapter 9: Conclusion page | 86 3 | page LIST OF TABLES Table 1: Complaints and enquiries: Finalised and carried over per financial year .............................................. 13 Table 2: Number of cases finalised as percentage .............................................................................................. 13 Table 3: Number of complaints finalised and active per province........................................................................ 14 Table 4: Number of complaints per province per financial year ........................................................................... 16 Table 5: Number of complaints accepted, referred and rejected per province per financial year ........................ 18 Table 6: Number of complaints per rights’ violations per year ............................................................................. 20 Table 7: Number of complaints per rights’ violations per year ............................................................................. 21 Table 8: Percentage of equality related complaints out as a percentage of total complaints per year ................ 23 Table 9: Number of complaints on grounds of equality per year ......................................................................... 24 Table 10: Number of equality complaints per province per year.......................................................................... 27 Table 11: Health care, food, water and social security complaints per financial year .......................................... 28 Table 12: Arrested, detained and accused complaints per financial year ............................................................ 33 Table 13: Section 33 complaints per financial year ............................................................................................. 35 Table 14: Labour relations complaints per financial year..................................................................................... 36 Table 15: Bottom five rights violations per year ................................................................................................... 38 Table 16: Number of complaints per province in which ADR has been used for resolution ................................ 42 Table 17: Number of appeals per province per year............................................................................................ 46 Table 18: Number of appeals finalised per year .................................................................................................. 46 Table 19: Number of ADR complaints per province per year............................................................................... 48 LIST OF FIGURES Figure 1: Percentage of average enquiries per province..................................................................................... 15 Figure 2: Percentage complaints accepted, rejected and referred ...................................................................... 17 Figure 3: Average percentage of equality complaints recorded per provincial office .......................................... 23 Figure 4: Race related complaints as a percentage of equality complaints per year .......................................... 26 Figure 5: Average of section 27 related complaints received by each provincial office ....................................... 29 Figure 6: Average of section 35 related complaints received by each provincial office ....................................... 35 Figure 7: Average of section 33 related complaints received by each provincial office ....................................... 36 Figure 8: Average of labour relations related complaints received by each provincial office .............................. 37 page | 4 LIST OF ACRONYMS ADR Alternative Dispute Resolution Advocom Advocacy and Communications Unit of the SAHRC CBD Central Business District CBO Community Based Organisation CCMA Commission for Conciliation, Mediation and Arbitration CGE Commission for Gender Equality CHP Complaints Handling Procedures CRL Commission for Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities CRLR Commission for Restitution of Land Rights CSG Chief Surveyor General DBE Department of Basic Education DPW Department of Public Works DRDLR Department of Rural Development and Land Reform DSD Department of Social Development DWCPD Department of Women, Children and Persons with Disabilities DOJ&CD Department of Justice and Constitutional Development EC Equality Courts ESR Health care, food, water and social security GANHRI Global Alliance of National Human Rights Institutions HOD Head of Department IPID Independent Police Investigative Directorate JICS Judicial Inspectorate for Correctional Services LRMF Land Rights Management Facility Legal Aid SA Legal Aid South Africa LGBTIQ Lesbian, Gay, Bisexual, Transsexual, Intersex, Queer LO Legal Officer LSU Legal Services Unit MEC Member of the Executive Council NANHRI Network of African Human Rights Institutions NCPR National Child Protection Register NGO Non-Governmental Organisation NHRI National Human Rights Institution PAIA Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) PAJA Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) PanSALB Pan South African Language Board PED Provincial Department of Basic Education PEPUDA Promotion of Equality and Elimination of Discrimination Act, 2000 (Act No. 4 of 2000) PM Provincial Manager SAHRC South African Human Rights Commission SAHRC Act South African Human Rights Commission Act, 2014 (Act No. 40 of 2014) SAPS South African Police Service SC Steering committee SLO Senior Legal Officer TAR Trends Analysis Report 5 | page DEFINITIONS TERM DEFINITION Accepted Complaints accepted by the Commission and communicated to the complainant in writing complaints Appeal The process of lodging an appeal by any party that feels aggrieved by any determination, decision or finding, save for a finding made at a hearing Appellant A person who lodges an appeal against a determination, decision or finding made in terms of the procedures Assessment The process of determining a complaint by the PM to confirm jurisdiction and make an initial determination whether to reject, refer, accept or send the complaints to the steering committee for guidance Association A group of persons organised for a joint purpose Allocate To appoint a SLO or LO, depending on the complexity of the matter, to investigate the complaint Cases Includes both complaints and enquiries Chairperson The Chairperson of the Commission Child Any person under the age of 18 years Closed The complaint is finalised because the complainant has withdrawn the complaint or has failed to provide the further information requested by the Commission within the timeframe given Commission The South African Human Rights Commission established by section 181 of the Constitution of South Africa, 1996 Complainant Any person, group or class of persons, association, organisation or organ of state as contemplated in article 6 of the CHP Complaint An oral, written or electronic communication alleging conduct or an omission in violation of a fundamental right addressed to the Commission or a complaint initiated by the Com- mission on its own accord Complaint Procedures for handling complaints reported to the SAHRC as set out in the South African handling Human Rights Commission complaints handling procedures 27 January 20021 procedures Conciliation The process of resolving a matter between parties through conciliation Constitution The Constitution of the Republic of South Africa, 1996 Day Any calendar day excluding Saturdays, Sundays and public holidays Direct referral The complaint is referred directly to another organisation, institution or statutory body because the provincial manager has found that the complaint does not fall within the jurisdiction of the Commission or could be addressed more efficiently or expeditiously by that other organisation, institution or body. The organisation must be a statutory body which has legislative authority to conduct such investigations Direct Referral A final report is received from the organisation, institution or body to which it was referred, (finalised) and the complaint is finalised (archived) See also monitoring direct referral below 1 The CHP referred to in this Report were operational during the period under review but were repealed on 31 December 2017. page | 6 TERM DEFINITION Enquiry An oral, written or electronic communication that can be established at point of receipt by the Commission, that the matter is clearly not about a human rights’ violation and is not within the jurisdiction of the Commission Note: where complaints are not clear, such matters are registered as complaints and assessed by the Commission to determine whether they should be investigated as human rights violations Finalised A collective term for the final stage of all complaints which
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