HRC acting as if it is protecting Zuma

22 April 2016

From the actions (or the lack thereof) of the Human Rights Commission (HRC) regarding complaints against president Jacob Zuma, it increasingly appears as if the commission is very reluctant to investigate any complaint against the president. In his regard, the commission is not fulfilling its constitutional obligations.

Adv. Anton Alberts, the FF Plus’ parliamentary spokesperson on communication, says the FF Plus has since the beginning of last year submitted various sound complaints underpinned by facts, regarding president Zuma, to the commission. The reaction has been extremely dissatisfying, not to mention no feedback and even less action.

Also, complaints of hate speech against Julius Malema and the EFF from even before the previous general election in 2014 were submitted, also supported by hard facts, but also regarding this, nothing has transpired. In contrast with these complaints, the commission did take action against other people in similar cases.

To get clarity about this, the FF Plus brought an application in terms of the Promotion of Access to Information Act (Paia) in which it requested the HRC to release information which could shine a light on the reluctance to investigate the president.

According to Adv. Alberts, the FF Plus is still waiting to see any result of any of the complaints against the president and the state. The complaint that the FF Plus had lodged against president Zuma in January of last year regarding his comments that all the problems of the country started when white people arrived in the country, started well enough but then died a quiet death. Not even the inquiries of the FF Plus regarding the matter are being answered.

“It is clear to us that there is a tendency with the HRC not to complete investigations against, especially, the president.

“The mere fact that the report of the HRC investigations which the department of Justice and Correctional Services had handed to the FF Plus has a separate column to indicate whether a complaint is against the president, is already an indication that the HRC wants to treat these complaints differently to other complaints. The question is why it is so.

“In the past two years, none of the complaints against president Zuma have been finalized. It is even not known whether the complaints had been investigated at all.

“Given the Constitutional Court’s decision in the Nkandla case regarding the authority of the Public Protector, the conclusion can be drawn that the HRC’s findings will also be binding. The HRC could, as it is, play a huge role to work racial harmony in hand by reigning in habitual transgressors, and with its failure, the Commission is abandoning the interests of everyone in South Africa,” Adv. Alberts says.

The letter the FF Plus sent to the HRC in terms of the Paia follows below.

VARIOUS COMPLAINTS LODGED WITH THE OFFICES OF THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION FROM 1 JANUARY 2015 UP TO AND INCLUDING 31 MARCH 2016 WITH REGARDS TO THE GOVERNMENT, GOVERNMENT DEPARTMENTS, PRESIDENCY ETC.

The above matter refers.

We hereby submit the attached PAIA application for information, marked Annexure “A”.

We would like to request the following information from you in terms of the Promotion of Access to Information Act (“PAIA”):

(1) How many complaints were laid (a) altogether and (b) against (i) the Government, (ii) government departments (iii) any government body (iv) the President of South Africa and (v) the Presidency from 1 January 2015 up to and including 31 March 2016 individually with the SA Human Rights Commission. Kindly list all of the complaints;

(2) Also indicate how many of the (a) total number of complaints and (b) complaints against (i) the Government, (ii) government departments and (iii) any government body (iv) the President of South Africa and (v) the Presidency were (aa) finalized, (bb) rejected on technical grounds, (cc) refused on merit, (dd) succeeded on merit and (ee) have still not been finalized, including the reason for not having finalised same;

(3) What is the percentage of each of the different categories of complaint (as categorised by the SAHRC) of the (a) total number of complaints and (b) complaints against the Government?

Kindly find further attached hereto a list of all matters lodged with the SAHRC marked annexure “B” as provided to us by the Department of Justice and Correctional Services. Note that we have marked, for your ease of reference - a few of these matters in yellow and one in green. These refer to matters/complaints lodged with your offices regarding/against the President of the Republic of South Africa. We hereby kindly request that you provide us with the status of each of these matters/cases, as well as the reasons for why these investigations are not progressing and/or proceeding. We specifically draw your attention to the matter/case marked in green (our complaint), and await your most urgent response.

We shall appreciate your urgent attention in this regard.

Kindly provide our offices with the requested information within 30 (thirty) days of receipt hereof as prescribed by PAIA.

Kindly further acknowledge receipt hereof and provide our offices with a referance number.

Issued by Anton Alberts, FF Plus parliamentary spokesperson: Communication, 22 April 2016