Call to disband SA Human Rights Commission is 'misguided, flawed'

RECENTLY, Change.org hosted an online petition by Lwazi Gwijane, which calls for the immediate disbandment of the South African Human Rights Commission (SAHRC).

- PROF BHEKI MNGOMEZULU

A week after this petition began, over 44000 people appended their signatures.

The main accusation levelled against the SAHRC is that it has failed to uphold its constitutional mandate to protect the human rights of all South Africans.

Gwijane further argues that the SAHRC has consistently prioritised certain groups over others, thus creating division and undermining the trust of the public. Those who support this view express their frustration and accuse the SAHRC of being biased.

Based on these reasons, Gwijane proposes that the SAHRC should be disbanded since what it is doing amounts to dereliction of duty. In his view, this institution should be replaced with a body that upholds impartiality and credibility, not failing to serve South Africans objectively. Only time will tell how this project will end.

But is this call genuine? If Gwijane was driven by patriotism, honesty and genuine concerns, do those who support him subscribe to his motivation?

What about those who concur with him that this institution should be started from scratch and that once it has been reformed, it should “prioritise South Africans and employ only local citizens”?

Are such arguments genuinely informed by an objective assessment of the work of the SAHRC, or is this call linked to the ongoing call for the repatriation of illegal immigrants? Importantly, how does this institution compare to others like it?

Put differently, does the problem reside solely in the SAHRC or do external factors impede its ability to deliver on its constitutional mandate? If the latter is the case, what purpose would the reforming or replacement of this institution serve?