Dates announced for KZN ‘unrest’ hearings

THE South African Human Rights Commission (SAHRC) is set to hold hearings on the recent unrest in KwaZulu-Natal and Gauteng.

The hearings, which among other things will investigate the causes of the looting, arson, killing and destruction in the two provinces, are scheduled to take place from November 15 to December 3.

They will be presided over by a panel comprising: commissioner André Gaum (chairperson of the hearing panel), commissioner Chris Nissen (deputy chairperson), and commissioner Philile Ntuli (chief panellist). External experts will be appointed by the panel, if required.

Gushwell Brooks, SAHRC communications co-ordinator, said the hearings would investigate the causes and the impact of the unrest on human rights. He said the panel would inquire, make findings, report on and make recommendations and directives on:

The causes of the July unrest, with a focus on Gauteng and KwaZulu-Natal.

The causes of the alleged racially motivated attacks and killings following the unrest.

The causes of the apparent lapses in law enforcement by state security agencies, particularly the SAPS, and the role of private security companies in the unrest.

The social, economic, spatial and political factors prevalent in the various affected areas, and the extent to which these played a role in the unrest

Brooks said the unrest was alleged to have been triggered by the Constitutional Court judgment in which former president Jacob Zuma was found guilty of contempt of court. Zuma was sentenced to 15-months imprisonment.

“The unrest was characterised by the loss of life. Retail centres, malls, shops and other businesses, schools, as well as transport systems, were targeted. There are suggestions that the unrest was orchestrated, that there was a high degree of organisation and instigation that led to the unrest, and that the authorities ought to have known and adequately prepared to secure the various towns and cities affected.”

Brooks said the unrest and its associated activities impacted the country’s economy, which was already affected by the Covid-19 pandemic.

“This further attributed huge financial losses to businesses, some of which will not be able to recover, resulting in wide-scale job losses. The unrest exacerbated, among other things, inequality between certain communities, unemployment levels, poverty, hunger and food insecurity. During the unrest, the SAPS and other law enforcement authorities drew criticism for their alleged lack of preparedness and lack of visibility in the affected areas.

“This reportedly led many communities to take to the streets and protect their neighbourhoods and businesses. There have been allegations that in certain areas there were incidents of excessive use of force, racial profiling, assaults, arson and killings. Many of these incidents are reportedly being investigated.”

Brooks said that in terms of section 184(2) of the Constitution, the commission was empowered to investigate and to report on the observance of human rights and to take steps to secure appropriate redress where human rights have been violated.

The commission invites submissions from those who can assist in this investigation.

It will accept written and oral submissions from identified government departments, state entities, business chambers, communities and interested parties. Email hearings@sahrc.org.za or WhatsApp 082 059 6520. Visit www. sahrc.org.za