Human Rights Commission appears before Parliament’s justice committee

The Portfolio Committee on Justice and Constitutional Development has expressed concern over allegations of a “toxic” environment in the office of the South African Human Rights Commission (SAHRC). 

This following the suspension of the commission’s CEO Vusumuzi Mkhize as well as other complaints brought before the committee against the SAHRC chairperson Reverend Chris Nissen and Commissioner Philile Ntuli.

In a statement, the committee said calls are mounting for the removal of the three, through Section 194 of the Constitution.
However, committee chairperson, Xola Nqola, said issues at the SAHRC had not reached that point.

“We are not there yet, at Section 194. We want to stabilize the institution so that it can focus on its core mandate of service to our people. Now it seems it is rather hamstrung by those opposing the current leadership,” Nqola said.

Further in a statement, the committee said it held a “frank and robust discussion” with the SAHRC on Friday. 

“Rev Nissen told the committee that all the new allegations and information before the committee made no sense as it referred to his former public life, which is well known. He said he was vetted several times by various sectors and twice by Parliament and he was never found wanting. The committee noted that prior to Rev Nissen’s appointment as Chairperson of the SAHRC, Parliament called for public input into his suitability, and none was received.

“The committee expressed its concern over the toxic environment in the office of the SAHRC, stating that the situation is further deteriorating and seemingly it has been like that for some time. 

“The committee has noted utterances Ms Ntuli made that the attack on her is of a political nature accusing senior staff of the Commission and former commissioners of working together to have her and Rev Nissen out. She now fears for her safety and the committee resolved that the SAHRC must request that a risk assessment be done by security agencies,” the statement read.
Furthermore, the committee said it heard allegations that former members of staff were sowing divisions within the commission and “created factions in the SAHRC by having meetings outside the commission”.

On allegations against Mkhize, the committee was told of alleged disparaging remarks he had made during a meeting.
“The committee heard that Mr Mkhize, during a hybrid meeting of the SAHRC, unaware that he was not muted made some remarks about white people and about the Government of National Unity. 

“He allegedly later “unlawfully” instructed a junior official to delete the recording of a meeting, breaking the protocol. 
Furthermore, the SAHRC said other concerns were raised prior to this regarding, amongst others, procurement, consequence management and him only accepting instructions from the interview panel that appointed him.

“The committee further heard that concerns were raised about Mkhize’s appointment process when a report from the Public Protector on the Guptas’ citizenships said he violated the Constitution during his employment at the Department of Home Affairs,” the statement read.

The committee chairperson vowed that the commission will be taken to task if any wrongdoing is found.

“We decided to adopt the Commission; we conditionally support it. When it does good work, it will have our support, but when we hear of shenanigans, we will take them to task. 

“We will do unannounced visits to its headquarters as well as to provinces to ascertain the real conditions in the institution,” Nqola said. – SAnews.gov.za

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