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Media Advisory: Call for submissions in respect of the Commission’s Inquiry to investigate the Walter Sisulu University Protest in the Eastern Cape

Attention: Editors and Reporters

5 August 2024

On or about 27 May 2024, the South African Human Rights Commission (Commission) in the Eastern Cape Provincial Office (ECPO) was alerted through various media publications to an incident during a protest at Walter Sisulu University. In this incident, nine (9) students were injured by rubber bullets allegedly fired by the South African Police Services (SAPS) and security personnel. Some reports indicated the use of live ammunition to disperse the crowds. These reports alleged that the crowd management methods employed were excessive and fall outside of the prescripts of the empowering legislation.

In response to allegations of excessive use of force and in alignment with its mandate to protect individual rights, the Commission has resolved to investigate these allegations in the form of an Inquiry to assess the lawfulness of the force utilized and its impact on human rights. This is in line with Section 15 of the South African Human Rights Act 40 of 2013, empowered by Section 184 of the Constitution of the Republic of South Africa. Special consideration will be given to Section 17 of the Constitution, which ensures that everyone has the right to peacefully assemble, demonstrate, picket, and present petitions. The Inquiry will also investigate whether the actions of the relevant law enforcement officials and security personnel were in line with legislative and policy frameworks, particularly the National Instruction 4 of 2014 which guidance on crowd management during public gatherings and demonstrations.

Through this intervention, and in view of the Commission’s recent re-launch of its July Unrest Report, the Commission aims to hold to account the relevant implementing stakeholders who are alleged to have employed excessive crowd management methods which fall outside of the prescripts of the empowering legislation and give effect to the principles and values that underpin our constitutional dispensation. This includes emphasizing the protection, promotion, and realisation of the rights enshrined in the Bill of Rights.

The Inquiry is scheduled to take place on 13 to 14 August 2024 on Microsoft Teams, which will be simultaneously livestreamed on the SAHRC YouTube channel. To this end, the Commission hereby invites members of the public, academia, civil society organisations and interested parties with relevant information relating to the Inquiry to make submissions to the panel for consideration as well as potential follow up and participation.

Written submissions must be delivered to the Commission by 9 August 2024 to the following addresses:

Physical Address: 13 Phillip Frame Road, First Floor Waverly Park, Cambridge Chiselhurst, East London, 5247 or;

Email: This email address is being protected from spambots. You need JavaScript enabled to view it. and ntyulusahrc.org.za

 

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For further information, contact the SAHRC Provincial Manager, Dr Eileen Carter @ 043 722 7828/072 638 9016 or email on This email address is being protected from spambots. You need JavaScript enabled to view it. and Advocacy and Research Officer, Zukiswa N Mqakanya @ 043 722 7828/063 301 3773 for WhatsApp or email on This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

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