The actions of students embarking on what is termed " protest action" and "civil disobedience" has flashed across our television screens and print media over the past few days and the lasting impression left behind is one of wanton destruction.

Without a doubt education remains the key to unlocking the potential of each individual in this country and without a doubt problems do exist with regard to access to education, the conditions under which it is provided and the quality and the costs associated therewith. Lest we forget we now live in a democracy and the tactics and strategies that may well have been appropriate in the pre- democratic era and which served us well then, may no longer be appropriate and indeed must compel one to ask what possible justification there could be for acts of looting, arson and general criminality. None exist, and perhaps it is important to remind those involved in such conduct and the leadership that supports them, that our young and fledgling democracy cannot allow such conduct to happen with impunity. If we are to develop respect for the law and the rule of law then those involved must surely be prosecuted and face the full consequences of their actions.

Lawlessness and disrespect for the law cannot be used as a means to achieve what students believe is their right. The Constitution not only provides for a right to education, but provides the parameters within which such a right must be provided for by the State. Learners cannot vandalise and destroy property of innocent civilians in pursuit of a right in the Constitution.

At the same time we should be reminded that our Constitution guarantees the 'right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions. 'Ours is a young society with many fault lines that challenge us - crime and violence, the HIV /Aids pandemic, the great disparity in resources between the rich and the poor are just some of them. In dealing with the complex challenges we have little choice but to craft processes and solutions that fall within the law and the values that underpin it. If we choose for some reason to operate outside the law then not only do we render ourselves subject to prosecution, but we set this country on a path to anarchy. Surely all the sacrifices made by so many to build a just and democratic society must mean that we collectively condemn the kind of conduct we have seen and call upon the student leadership in this country to lead with conviction and with responsibility.

Issued by: Jody Kollapen, Deputy Chairperson
South African Human Rights Commission
28 May 2002
Telephone: 011 484 8300

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