It is disappointing that a senior leader of a political party that is part of the Government of National Unity participated in an interview without factual information thus continuing to perpetuate false information and disinformation about an institution established by the Constitution of the Republic.

The Commission would like to put on record that it did not issue any media statement on this matter. The Commission was invited to participated in few interviews to clarity  human rights issues surrounding this matter. In all those interviews, the Commission made three general points: firstly, the Commission neither has a view on whether the candidate in question qualifies to participate in this competition organised by a non-state institution nor can it comment on their citizenship status, a domain of the Department of Home Affairs. Second, robust public discourse should always be encouraged and protected in line with the prescripts of the Constitution and the law. Third,  members of the public are reminded that public discourse and enquires should not veer into the realm of hate speech, xenophobia, incitement of violence, and cyberbullying. The Commission cautioned against the posting of messages that are false, reminded people of Social Media Charter and the consequences of creating and broadcasting false information in terms of the law.

The Commission reiterates that public discourse is allowed, and robust public debates are protected in terms of Freedom of Expression. Members of the public are within their rights to robustly debate any matter.

However, the statement by Mr Kunene and some individuals on social media show lack of understanding about the role and function of the South African Human Rights Commission. Parliament established the South African Human Rights Commission (SAHRC) in terms of Section 184 of the Constitution. The mandate of the Commission is to promote respect for human rights and a culture of human rights; promote the protection, development and attainment of human rights; and monitor and assess the observance of human rights in the Republic. On average the Commission address around 6000 complaints in a year providing redress to day-to-day challenges that affect people daily including as it pertains to issues of sexism, racism, ableism, homophobia, xenophobia, service delivery challenges, rights of detained and accused persons, and the promotion and protection of the right to social security.

Mr. Kunene is enjoined by his Oath of Office to uphold and protect the Constitution. The reckless and unfounded statements by Councilor Kunene constitute an attack on a constitutional body. The South African Human Rights Commission will be reporting these statements to the Speaker of the City of Johannesburg. The Commission further reserves the right to take further action in terms of the South African Human Rights Commission Act.

For further information contact Wisani Baloyi, This email address is being protected from spambots. You need JavaScript enabled to view it. or 081 016 8308