Background

South Africa’s Constitution (1996) enshrines the supremacy of the Constitution and the rule of law. Everyone in South Africa, including the government, and all laws are subject to and must follow the Constitution. The Constitution also contains the Bill of Rights, which it describes as the 'cornerstone of democracy in South Africa' and compels the State to 'respect, protect, promote and fulfil the rights in the Bill of Rights'.

Recognising that the protection and promotion of human rights cannot be left to individuals or the government, Chapter Nine of the Constitution creates independent national institutions, subject only to the Constitution and the law, to transform our society from its unjust past and to deliver the fundamental rights in the Constitution to all in South Africa.

The South African Human Rights Commission (SAHRC) is one such national institution, which derives its powers from the Constitution and the South African Human Rights Commission Act of 1994. It is also given additional powers and responsibilities by other national legislation. Since its inauguration on 2 October 1995, the Commission has taken up the challenge of ensuring that the noble ideals expressed in our Constitution are enjoyed by all in South Africa. The SAHRC works with government, civil society and individuals, both nationally and abroad, to fulfil its Constitutional mandate.

Mission Statement

The SAHRC is a national institution established to entrench constitutional democracy through the promotion and protection of human rights by:

·         Addressing human rights violations and seeking effective redress for such violations

·         Monitoring and assessing the observance of human rights

·         Raising awareness of human rights issues

·         Educating and training on human rights

Structure

Commissioners
Secretariat

Functions

Section 184 of The Constitution of the Republic of South Africa, Act 108 of 1996 specifies the functions of the South African Human Rights Commission:

 '(1) The Human Rights Commission must-

(a) promote respect for human rights and a culture of human rights;
(b) promote the protection, development and attainment of human rights; and
(c) monitor and assess the observance of human rights in the Republic.

(2) The Human Rights Commission has the powers, as regulated by national legislation, necessary to per- form its functions, including the power -

(a) to investigate and to report on the observance of human rights;
(b) to take steps to secure appropriate redress where human rights have been violated;
(c) to carry out research; and
(d) to educate.

(3) Each year, the Human Rights Commission must require relevant organs of state to provide the Commission with information on the measures that they have taken towards the realisation of the rights in the Bill of Rights concerning housing, health care, food, water, social security, education and the environment.

(4) The Human Rights Commission has the additional powers and functions prescribed by national legislation.'

Governing Principles

The governing principles of institutions to support constitutional democracy are contained in section 181 of the Constitution:

(2)     These institutions are independent and subject only to the Constitution and the law, and they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice.

(3)     Other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions.

(4)     No person or organ of state may interfere with the functioning of these institutions.

(5)     These institutions are accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year.'