The Commission strongly supports the right of private property owners to the full enjoyment of their property, but is however disappointed and expresses grave concern at the use of violence against a visibly mentally unstable person who due to their mental health challenges has little to no appreciation of their actions or surroundings.  

As a constitutional body established to support constitutional democracy in terms of Section 181 of the Constitution of the Republic of South Africa, the Commission wishes to remind everyone that the Constitution protects the right of all persons to have their dignity respected and protected.  The Constitution also prohibits inhumane or degrading treatment of persons, and protects the right to be free from all forms of violence.
South Africa ranks as one of the global leaders when it comes to poor mental health outcomes.  One in three people in South Africa suffer from mental illness, however, only approximately 30% have access to mental health care.  This means that approximately 70% of people suffering from mental health do not receive the necessary mental health care they need.  Those who are poor and/or marginalised are worse affected.
The Commission acknowledges that the country is currently grappling with multiple socio-economic challenges, which include the rising cost of living, the high levels of unemployment, increased drug and substance abuse and dependency, and poverty which also contribute to the poor mental health outcomes experienced in the country.  

Fear, stigma and discrimination against people with mental health illnesses remain the main challenges we need to address as a society in respect of persons living with mental illnesses, because they serve as barriers for people to receive the care they need.
 
The Commission therefore urges members of the public to treat persons who appear to show signs of poor mental health and those known to be living with a mental illness, with respect and uphold their dignity at all times.
The Commission is aware of the apology rendered by the Gospel singer Ngwana Ledwaba on a radio interview with Thobela FM on Wednesday, 18 October 2023. Although no complaints have been received on this matter, the SAHRC Limpopo provincial office will be monitoring the situation with possible investigation for intervention.
The Commission also discourages members of the public against sharing and further distributing the video as it compromises the dignity and privacy of the mentally ill woman.

We also urge members of the public to contact the local police when faced with similar incidents, and not resort to violent measures.  Members of the public can also contact their local health care facility where trained personnel will assist in providing the necessary care and treatment for mental health care users.  There are also Mental Health Review Boards established in each provincial district whose mandate is to protect and uphold the rights of mental health care users.  
ENDS
ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION
Alucia Sekgathume – External Communications Tel: 082 689 2364 This email address is being protected from spambots. You need JavaScript enabled to view it.