AfriForum's assessment of human rights during 2014

AfriForum is of the opinion that South Africans will find it increasingly difficult to exercise their rights. An overall assessment of the Bill of Rights reveals a source for concern pertaining to certain rights during 2014.

The inability of government to provide safety to its citizens as well as adequate protection for minorities and an unwillingness to curb corruption, are some of the conclusions drawn by AfriForum's Human Rights Index.

According to Johan Nortjé, a researcher associated with AfriForum, one of the reasons why states exist, is to protect the rights of their citizens and states are presumed as failing in their duty to realise rights when they can no longer adequately protect rights such as safety or deliver public services. 

A fact sheet illustrates some of the rights that were not effectively protected during 2014. The following are cause for concern:

Assembly, demonstration, picket and petition: Since 2009 there has been a remarkable increase in the level of public violence against municipalities (according to police estimates a 289% rise) from 27 protests in 2008 to 133 incidents in 2011. During 2013/2014, a total of 483 incidents of public violence occurred in Gauteng.

 The right to life: A total of 17 068 murders over the period 2013/2014 were reported, an increase of 5% when compared to 2012/2013. It is an estimated 47 murders per day.

Education: During 2014 the matric pass rate decreased to 75,8%, a decrease of 2,4% when compared to 2013.

 Environment: During 2014, approximately 1 020 rhinos were poached according to SANParks. Timely release of the Green and Blue Drop scores (reports that measure water quality) also remains a cause for concern.

Language and culture: The transformation agenda received renewed attention with efforts to change the language policy on the Potchefstroom campus of the North-West University, and attempts to introduce English as the language of communication at other tertiary institutions, appear to be gaining momentum. 

Another concern was the judgment by the Equality Court that declined the application by language activist Cerneels Lourens for the state to translate all legislation in the 11 official languages as well as proposed name changes.

Property: The Infrastructure Development Act (No. 23 of 2014), the Property Valuation Act (No. 17 of 2014), the Restitution of Land Rights Amendment Act (No. 22 of 2014) and the Rental Housing Amendment Act (No. 35 of 2014) were all signed into law in 2014. As a result of the above legislation, both local and international investors may be hesitant to invest in South Africa, since these acts and proposed legislation give rise to concerns about the future of property rights.

AfriForum is of the opinion that one of the best ways to reduce the dependence on government and exercise rights, is through instruments of activism that are used to promote and claim rights. These include lobbying, civil mobilisation, petitioning, litigation and the creation of independent institutions that compensate for the state's shortcomings.

- A comprehensive report is available on AfriForum's website. 

Statement issued by Johan Nortjé, Researcher: AfriForum, March 20 2015

Click here to sign up to receive our free daily headline email newsletter