July Unrest Report

The Commission is deeply concerned about claims that the July Unrest report was manipulated to absolve former President Jacob Zuma. This assertion is false. It is important to clarify that the July Unrest report was approved by the full cohort of previous Commissioners, and did not clear former President Jacob Zuma of any wrongdoing. Instead, it reflects that: the timing of the events of the July Unrest coincided with the incarceration of former President Jacob Zuma. This caused an intertwining that blurred the lines between where one ended, and when the other started. This intersection of events has led many to conclude that the two are related. However, the commission finds that while the timing of the events of the July Unrest coincided with the incarceration of former President Jacob Zuma, it could not find evidence to link the two events.

Further, it will ultimately be within the purview of SAPS and the NPA to make a conclusive finding of the politically linked orchestration of the Unrest

In marking three years since the occurrence of the July 2021 Unrest, in July this year, the Commission raised concern that three years later, the State, in particular the Justice, Crime Prevention, and Security Cluster, has not been able to identify and prosecute the primary instigators / orchestrators of the July Unrest. In addition, that South Africa and South Africans remain in heightened states of vulnerability to gross human rights violations in the absence of any evidence-led prosecutions of those who planned and sponsored the July Unrest.

The Commission, therefore, wrote to President Cyril Ramaphosa and ministers whose departments were implicated in the SAHRC July Unrest Report, seeking answers regarding the implementation of the report's recommendations. The Commission will continue to engage with the government to ensure that all the July Unrest recommendations are adequately addressed.

Turn Around Strategy
The Commission recognises the challenges that have impacted institutional performance over the past few years. However, the Commission is encouraged by the outcomes of the recent institutional audit that signals a positive trajectory in our operations. For example, our organisational performance for the 2023-24 financial year has improved to 82.3%, a significant increase from 50% in the 2022-23 financial year.

Furthermore, we achieved an unqualified audit with no material findings, resulting in a reduction of audit issues in the 2023-24 fiscal year compared to the previous year. Our responsiveness has also been evident as we resolved 6,833 inquiries and complaints. We have also finalised ten inquiry reports and published 218 media statements addressing various human rights topics. Additionally, conducted 292 strategic stakeholder engagements, completed 42 human rights awareness initiatives,  released eight opinion pieces, conducted ten media briefings, and received media mentions across 8,428 outlets.

In the past year, several senior management positions were filled to strengthen governance and accountability, leading to enhanced overall performance. While some structural challenges, including budget cuts, may still exist, the Commission is determined to build on this positive momentum.

Looking ahead, the Commissioners are in the process of finalising a new five-year strategic plan aimed at tackling the many human rights challenges our country faces. Key priorities include strengthening governance, increasing visibility, and ensuring rapid response to issues as they arise. The Commission will also be finalising the review of its macro structure, establishing the necessary governance structures and policies to improve staff satisfaction, well-being and productivity. The Commission is eager to collaborate with all stakeholders to accomplish these important objectives together.

On 29 November 2024, the Commission will be appearing before the Portfolio Committee on Justice and Constitutional Development where it will present its turn-around strategy to address challenges faced by the organisation.

Allegations against Chairperson Chris Nissen and Commissioner Philile NtuliThe Commission believes that Chairperson Chris Nissen and Commissioner Philile Ntuli have adequately responded to allegations raised against them and will not be commenting further on this matter.

Precautionary suspension of the CEO
While disciplinary matters in an employment setting are confidential in nature, the Commission can update the public that independent investigators have been appointed and are hard at work investigating the allegations of misconduct that led to the precautionary suspension of the SAHRC CEO, Mr Vusumuzi Mkhize.

The Commission will not be taking media interviews on this matter.

Ends

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION