HUMAN RIGHTS IN SOUTH AFRICA: THE GOOD, THE BAD AND THE UGLY

PROFESSOR DAVID McQUOID-MASONCENTRE FOR SOCIO-LEGAL STUDIES

UNIVERSITY OF KWAZULU-NATAL

INTRODUCTION

• CELEBRATING HUMAN RIGHTS • THE GOOD• THE BAD• THE UGLY• PERPETUAL VIGILANCE

CELEBRATING HUMAN RIGHTS

• WE HAVE MUCH TO CELEBRATE ON HUMAN RIGHTS DAY• THE YOKE OF APARTHEID HAS BEEN LIFTED – ALTHOUGH ITS CONSEQUENCES

ARE STILL APPARENT• THE DIGNITY OF THE MAJORITY OF THE POPULATION HAS BEEN RESTORED

AND THEY CONTROL THE LEVERS OF POWER - ALTHOUGH THE ECONOMIC LEVERS OF POWER ARE STILL HELD BY A MINORITY

• UNLIKE UNDER APARTHEID ,INTERNATIONALLY SOUTH AFRICANS ARE WELCOMED WITH OPEN ARMS WHEREVER WE TRAVEL

• FOREIGNERS COME TO OUR COUNTRY TO SEE THE ‘MIRACLE COUNTRY’ THAT DID NOT DESCEND INTO CIVIL WAR AND HAS GREAT NATURAL WONDERS

• HOWEVER, WHILE HUMAN RIGHTS DAY IS A DAY OF CELEBRATION , IT IS ALSO A TIME FOR REFLECTION

• WE CANNOT AFFORD TO BE COMPLACENT AND NEED TO TAKE TIME TO FOCUS ON THE GOOD, THE BAD AND THE UGLY IN OUR NEW DEMOCRACY

THE GOOD

• WE HAVE A BILL OF RIGHTS IN OUR CONSTITUTION THAT IS THE ENVY OF THE WORLD AND COVERS JUSTICIABLE CIVIL AND POLITICAL, SOCIO-ECONOMIC AND CULTURAL AND ENVIRONMENTAL RIGHTS

• WE HAVE THE FREEDOM TO DO MANY THINGS THAT COULD NOT BE DONE UNDER APARTHEID

• WE HAVE CONSTITUTIONALLY GUARANTEED POSITIVE DUTIES IMPOSED ON THE STATE TO PROVIDE OUR PEOPLE WITH MANY BASIC SOCIO-ECONOMIC RIGHTS

• WE HAVE PROGRESSIVE LEGISLATION ON THE STATUTE BOOKS DEALING WITH EVERYTHING FROM ACCESS TO INFORMATION AND ADMINISTRATIVE JUSTICE TO DOMESTIC VIOLENCE, HEALTH AND CHILD JUSTICE

• WE HAVE GOVERNMENT POLICIES THAT EXHORT PUBLIC SERVANTS TO APPLY THE ‘BATHO PELE’ (PEOPLE FIRST) PRINCIPLE TO THE PUBLIC THEY SERVE

• WE ARE BLESSED WITH A WEALTH OF NATURAL RESOURCES ATTRACTIVE TO INVESTORS AND A CLIMATE AND NATURAL BEAUTY ATTRACTIVE TO TOURISTS

• AT PRESENT WE ARE STILL THE ECONOMIC POWERHOUSE OF AFRICA ALTHOUGH WE ARE STARTING TO SLIP BECAUSE OF OUR SLOW ECONOMIC GROWTH RATE

THE BAD

• A NEW FORM OF APARTHEID HAS EMERGED BASED ON POLITICAL POWER, PATRONAGE AND LACK OF ACCOUNTABILITY

• SOUTH AFRICA IS A COMPARATIVELY RICH COUNTRY BUT CRONY CAPITALISM KEEPS THE POOR TRAPPED IN POVERTY BY DIVERTING THE RESOURCES OF THE STATE TO GROSSLY INFLATED ‘SWEET HEART’ DEALS WITH THE POLITICALLY CONNECTED

• STATE RESOURCES ARE WASTED ON PAMPERING MEMBERS OF THE GOVERNMENT WITH UNJUSTIFIABLY EXPENSIVE TRAVEL, ENTERTAINMENT AND ACCOMMODATION ARRANGEMENTS THAT IN OTHER DEMOCRACIES WOULD LEAD TO THEIR DISMISSAL OR RESIGNATION

• VAST SUMS OF MONEY ARE WASTED ON CONSULTANTS BY INCOMPETENT AND INSECURE POLITICAL APPOINTEES DEPLOYED IN THE PUBLIC SERVICE UNABLE TO DO THE JOBS FOR WHICH THEY ARE APPOINTED

THE UGLY

• CORRUPTION IS RIFE IN OUR COUNTRY – IN BOTH THE PUBLIC AND PRIVATE SECTOR – THE ONE FEEDING ON THE OTHER

• VIOLENCE IS ENDEMIC – SEXUAL VIOLENCE, GENDER VIOLENCE, CRIMINAL VIOLENCE, XENOPHOBIC VIOLENCE, VIOLENCE BY THE POLICE ETC.

• THE STATE SECURITY APPARATUS BEHAVES AT TIMES LIKE THE APARTHEID SECURITY FORCES (E.G. MARIKANA)

• SERVICE DELIVERY PROTESTORS – INCLUDING UNIVERSITY STUDENTS – ARE ONLY LISTENED TO AND GET RESULTS IF THEY RESORT TO VIOLENCE

• ACCOUNTABILITY - AN ESSENTIAL COMPONENT OF DEMOCRACY – IS UNDERMINED BY THE CURRENT ELECTORAL SYSTEM BECAUSE OUR ELECTED REPRESENTATIVES ARE NO LONGER ELECTED BY, OR ACCOUNTABLE TO US – THEY ARE ACCOUNTABLE TO THEIR POLITICAL PARTIES

• TRANSPARENCY – ANOTHER KEY COMPONENT OF DEMOCRACY - IS UNDER THREAT - DESPITE CONSTITUTIONAL PROVISIONS AND PROGRESSIVE LEGISLATION ON ACCESS TO INFORMATION - BY THE USE OF APARTHEID ERA LEGISLATION ON ‘KEY POINTS’ AND THE INTRODUCTION OF THE ‘SECRECY BILL’WHICH MAY LEAD TO THE CONCEALMENT OF CORRUPTION

PERPETUAL VIGILANCE

• THE PRICE OF DEMOCRACY AND ENSURING THAT HUMAN RIGHTS THRIVE IS PERPETUAL VIGILANCE

• AFTER 1994 WHEN WE ATTAINED DEMOCRACY MANY IN CIVIL SOCIETY TENDED TO RELAX AND LEAVE MATTERS TO THE NEW DEMOCRATIC GOVERNMENT WHICH INCLUDED MANY OF OUR FORMER COLLEAGUES

• MANY NOW REALIZE THAT THIS WAS A MISTAKE AND WE NEED TO HELP THE COUNTRY TO REGAIN ITS MORAL COMPASS

• CIVIL SOCIETY NEEDS TO BE RE-ENERGISED TO FIGHT THE NEXT BATTLE TO COMPEL THE POLITICIANS AND GOVERNMENT TO DELIVER ON THE PROMISES IN THE CONSTITUTION AND TO ALLEVIATE POVERTY IN THE COUNTRY BY:

– INTRODUCING AN ELECTORAL SYSTEM THAT IS ACCOUNTABLE TO THE PEOPLE NOT ONLY THE POLITICAL PARTIES CONCERNED

– ESTABLISHING A CREDIBLE AND PROFESSIONAL PUBLIC SERVICE NOT BASED ON PATRONAGE AND CADRE DEPLOYMENT

– ENSURING THAT THE EDUCATIONAL SYSTEM IS DESIGNED FOR A WINNING NATION AND NOT A NATION OF BARELY LITERATE AND NUMERATE LOSERS BY WORLD STANDARDS

– LIFTING THE BARRIERS TO JOB CREATION THAT PREVENT THE UNEMPLOYED FROM OBTAINING JOBS