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Land Restitution Report

The South African Human Rights Commission's Land Restitution Report is available for download, please click below to access the report.


Click here to access the report


Convention on the Rights of the Child messages

CRC Message: The impact of migration and equality on children

The Commission’s work on migration has an impact on children in that the enactment, implementation and any non compliance of migration laws affect migrant children as it does their parents.
The infringement and / or non compliance with migration laws, also has an effect on migrant children.  The detention of foreign nationals beyond the prescribed legal periods at Police Stations holding cells, or at Lindela for purposes of deportation has an adverse effect on the children’s right to family and parental care due to their parents being detained.

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CRC Message: Commissioner Malatji conducts inspections of special needs schools to observe if compliance with the Convention of Rights of Persons with Disability

The office of Commissioner Malatji has the mandate to promote and protect the rights of persons with disability. Recognizing that children with disability will be unable to participate fully in the society if attitudinal and environmental barriers are not removed, the Commissioner is passionate about ensuring that rights of children with disabilities are protected and promoted.

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CRC Message: Environment, Natural Resources, Rural Development and Children

The South African Government has placed human rights at the heart of its development agenda, and has enshrined in the Constitution of the Republic of South Africa, Act 108 of 1996 the right to an environment that is not harmful to one’s health and wellbeing; and one that is protected for the benefit of present and future generations. This is central to the Government’s sustainable development agenda, and also to Commissioner Janet Love’s portfolio on Environment, Natural Resources, and Rural Development.

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CRC Message: How magistrates and local government are failing to uphold the rights of the Children in eviction matters


The Constitution and the legislation protect vulnerable people (especially children) from being evicted into homelessness. Section 26 of the Constitution seeks to prevent arbitrary evictions. To give effect to that right the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE) was enacted.  Germane to this analysis is section 4 which prescribes that an eviction order should only be granted if it is ‘just and equitable’. The considerations which the court must have regard to a priori determining that an eviction order is just and equitable are the rights and needs of the “elderly, children and disabled people”.

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SAHRC finding: Complainant Jan Willem Lotz  M-Net


The South African Human Rights Commission (Commission) has finalised complaint between Jan Willem Lots and M-Net. The finding is available below.


Click here to access the finding

Media Invite: SAHRC launches report on challenges affecting land restitution

Attention: Editors and reporters

Date: 11 November 2014

The South African Human Rights Commission (SAHRC) invites members of the media to a press conference that will be launching a report about the systemic challenges affecting the land restitution process in South Africa.

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Vacancies

The South African Human Rights Commission invites interested graduates to apply for various internship positions. Interns must demonstrate a commitment to human rights.
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SAHRC final written submissions tabled before the Marikana Commission of Inquiry

Click here for mor information
REQUEST FOR PROPOSALS

RESEARCH CONSULTANT TO DEVELOPMENT OF
DISABILITY TOOLKIT

The SAHRC’s Annual Performance Plan 2014/ 2015 has identified the ‘Development of Promotional material: Toolkit on Disability for the Private Sector’ (hereafter referred to as Toolkit). The Toolkit is in line with the SAHRC’s obligation, as a national human rights institution; in terms of the Convention on the rights of persons with disabilities (CRPD). Article 33 (2) of CRPD requires “national institutions for the protection and promotion of human rights” to “promote, protect and monitor the implementation of the CRPD.”

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Click here to download the declaration of interest

Vacancies

The South African Human Rights Commission is searching for talented individuals who are committed to shaping the future of South Africa.

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Media Statement: SAHRC, Pastor Bougardt reach agreement in Equality court case

Attention: Editors and Reporters

21 October 2014

The South African Human Rights Commission (SAHRC) is happy and welcomes an agreement that has been reached in the matter before the Equality Court between the Commission and Pastor Oscar Peter Bougardt.

The matter was settled after participation in the process of mediation between the Commission and Pastor Bougardt, before the Honourable Mr Justice Bozalek at the Western Cape High Court in Cape Town.

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SAHRC strongly disassociates itself from false information following mediation with Mongezi Mahlangu and James French

Attention: Editors and reporters

21 October 2014

The South African Human Rights Commission (the Commission) received complaints about violations to the rights to dignity and equality from James French, Alice Choe, Mongezi Mahlangu and Mome Mahlangu

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2013-14 Annual Report


Craigpark residents Association and Alsilinx NPC resolve dispute over Scouthall at ERF 24, Craighall Park

13 October 2014

In August 2014, the South African Human Rights Commission (the SAHRC) received a complaint from Ms Lebohang Litha on her behalf and on behalf of Alsilinx NPC (the Complainant).

Alsilinx NPC entered into an agreement with the City of Joburg Property Company SOC LTD (the JPC) to lease Erf 24 Craighall (the Property). The lease agreement permits Alsilinx NPC to use the Property for community and early learning purposes and to make improvements to the property.

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SAHRC urges NHRIs to protect Human Rights Defenders in Business and Human Rights

Commissioner Lindiwe Mokate, SAHRC Commissioner responsible for Children and Basic Education was in Addis Ababa, Ethiopia from 16 - 18 September 2014  with other human rights campaigners from across the continent. She delivered a presentation on “How National Human Rights Institutions can protect Human Rights Defenders in Business and Human Rights.”


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Evictions of illegal land dwellers must be done humanely, Commissioner Ameermia

Extracts from presentation by Adv Ameermia, SAHRC Commissioner responsible for housing

The crystallised principles


1. Alternative Accommodation


It is now trite principle that it is only just and equitable to evict unlawful occupiers if alternative accommodation is provided where an eviction would otherwise result in homelessness.  The duty to provide alternative accommodation applies not only when an organ of state evicts people from their land, but also when a private landowner applies for the eviction of unlawful occupier/occupiers.

Although the nature and standard of the alternative accommodation to be provided has not been clearly resolved, it is clear that certain so-called alternative accommodation will not pass constitutional muster.  This was made clear in the recent ruling in the South Gauteng High Court where the court held that the gender segregation of married couples and the day time lock-out for residents imposed by the City of Johannesburg’s outsourced arrangements to provide alternative accommodation impinged on various constitutional rights.   The rights which were infringed by such an arrangement were found to include the right to human dignity, privacy and security of person.

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Commissioner Malatji expresses concern at the continued discrimination of people with disability

In his address to the delegates at the First Meeting between NHRIs, National Independent Monitoring Mechanisms designated under article 33.2 of the UNCRPD and the Committee on the Rights of Persons with Disabilities, held in Geneva on 25 September 2014, Adv Malatji called on governments to do more to promote rights of people with disability

Systemic barriers to equal participation and equal access to opportunity have historically marginalised the rights of persons with disabilities quite significantly. It is, therefore, of considerable importance that, to date, 149 nation states have undertaken, through their ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), to advance the rights of these individuals through numerous complementary mechanisms. One of the little known facts about the CRPD, for example, is that, in the canon of international legal instruments, the CRPD is notable for containing the most references to the duty of States not only to protect rights but, also, to promote them.
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Failure by Social Development Dept. to adequately fund the Johannesburg Association for the Blind contribute to human rights violations at the school, SAHRC finds

ATTENTION: EDITORS AND REPORTERS

07 October 2014

The South African Human Rights Commission (SAHRC) has found that systematical challenges such as late payments, lack of coordinated approach to address disability issues within residential facilities contributed to human rights challenges found at the Johannesburg Association for the Blind.

The Commission initiated an own investigation following an expose’ by SABC Programme, “Cutting Edge”  where seven blind students who were residents at the association’s premises alleged that they were evicted by the association out of their residents with no alternative accommodation. The programme alleged that these students were forced to sleep outside the building for two nights.

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Click here to read the report

SAHRC welcomes SAJBD’s acceptance of apology following anti-semetic comments

MEDIA STATEMENT

Attention: Editors and Reporters

The South African Human Rights Commission (SAHRC) has found against Mr Ziyaad Kayat following his anti-semetic comments in the social media.

In July 2014, Mr. Kayat sent a message to the inbox of the Facebook page of the South African Jewish Board of Deputies (SAJBD) that read “All Jews are pigs” and “I think we should kill you SA Jews and kill your kids and let you feel what the Palestinians are feeling.”

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SAHRC convene national hearing relating to safety and security challenges facing farming communities

Attention: Editors and Reporters

04 October 2014

The South African Human Rights Commission (SAHRC) will host a second phase of its national hearing relating to safety and security challenges facing farming communities on Monday 06th October 2014 at its Head Offices in Braamfontein Johannesburg.

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Vacancy

The South African Human Rights Commission is searching for talented individuals who are committed to shaping the future of South Africa.

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SUPPLIERS DATABASE REGISTRATION NOTICE

Kindly note that the registration of new suppliers onto the South African Human Rights Commission Database has been closed, new registration will be invited via advertisement in the media and will be open again during August 2015

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Call for services: installation and supply of surveillance cameras

SAHRC would like you to submit a quotation for installation and supply of surveillance cameras at the reception area for each provincial office  and multi discipline access card reader control.

Click here for detailed information


Commissioner Lindiwe Mokate, SAHRC Commissioner responsible for Children and Basic Education was in Addis Ababa, Ethiopia from 16 - 18 September 2014  with other human rights campaigners from across the continent. She delivered a presentation on “How National Human Rights Institutions can protect Human Rights Defenders in Business and Human Rights.”

The Commission is available on social media

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MEDIA STATEMENTS

SAHRC launches report on challenges affecting land restitution
SAHRC strongly disassociates itself from false information following mediation with Mongezi Mahlangu and James French
SAHRC, Pastor Bougardt reach agreement in Equality court case
Craigpark residents Association and Alsilinx NPC resolve dispute over Scouthall at ERF 24, Craighall Park
Failure by Social Development Dept. to adequately fund the Johannesburg Association for the Blind contribute to human rights violations at the school, SAHRC finds


SAHRC NEWSLETTER

Pfanelo October Edition



SAHRC Tip-offs Hotline

Report any fraudulent and/or unethical behavior taking place in the Commission anonymously to the SAHRC Tip-offs Line.

FreeCall: 0800 222 365
Email: sahrc@tip-offs.com
FreeFax: 0800 00 77 88
FreePost: KZN 138, Umhlanga Rocks 4320
Website: www.tip-offs.com

To lodge a human rights violation complaint, click here.

Independently managed by Office of the Public Service Commission.


 

SAHRC Programmes

Since its establishment, the SAHRC has dedicated itself to:
•  Raising awareness;
•  Monitoring and assessment;
•  Education and training
•  Addressing human rights violations

How can the SAHRC help?

The SAHRC promotes, protects and monitors human rights in South Africa. It also has a specific responsibility to promote and monitor the implemen-
tation of PAIA.

Calendar

01 June – International Children’s Day
05 June – World Environment Day
15 June
World Elder Abuse Awareness Day
09 August – Women’s Day
16 June
Youth Day
20 June – World Refugee Day

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