Protecting Your Rights

SUMMARY

This easy-to-read pamphlet provides information on fundamental human rights and how the South African Human Rights Commission (SAHRC) can assist you if your rights have been infringed.

What Is the SAHRC?
What Does the SAHRC Do?
Reporting Human Rights Violations
How to Report Human Rights Violations to the SAHRC
The Bill of Rights

WHAT IS THE SAHRC?

The South African Human Rights Commission (SAHRC) is made up of a Commission and a Secretariat.

The Commission

The chairperson is the Reverend Dr Barney Pityana and the deputy chairperson is Ms Shirley Mabusela. The Commission has up to eleven commissioners, including the chairperson and the deputy chairperson.

The Secretariat

The chief executive officer heads the Secretariat. It has 4 departments:

Education, Training and Information
Legal Services
Research and Documentation
Finance and Administration

The SAHRC has committees made up of commissioners, staff and outside members. They work in the following areas:

Policy and Planning;
Government and Parliamentary Liaison;
Legal and Constitutional Affairs;
NGO and Statutory Body Liaison;
International Liaison;
Disability; and
Children.

In addition, each commissioner has special responsibility for one or more provinces. They visit the provinces to build relationships with structures there, analyse trends and respond to complaints.

WHAT DOES THE SAHRC DO?

The SAHRC was set up by the Constitution to:

develop a culture of human rights in South Africa;
educate South Africans about human rights; investigate human rights violations and find ways of correcting them
(including taking cases to court, if necessary); undertake research on human rights in South Africa and internationally; advise government on human rights and check how government promotes and protects human rights;
monitor laws written at all levels of government (local, provincial and national) to make sure they observe human rights; and monitor what government does to make sure people have access to socio-economic rights (environment, housing, health care, food, water, social security and education).

REPORTING HUMAN RIGHTS VIOLATIONS

A human rights violation is when any of the rights in the Bill of Rights are abused or violated. However, the SAHRC does not handle all violations. Some cases are referred to other organisations and structures set up to deal with specific kinds of violations. These include:

The Commission for Gender Equality
(discrimination cases on the grounds of sex or gender)
Tel: 011 403 7182

The Public Protector
(complaints against government officials)
Tel: 012 322 2915/6

The Commission for Conciliation, Mediation and Arbitration
(cases of unfair labour practice)
Tel: 011 377 6894

The Independent Complaints Directorate
(complaints against the police)
Tel: 012 428 5700

If your case is one of these, you should rather contact these organisations

directly. Advice and assistance with your case may also be obtained from Legal Aid Boards (situated at Magistrates’ Courts), or from Legal Aid Clinics (at most universities). Also, there are many NGOs (such as Lawyers for Human Rights, Legal Resources Centre and Black Sash), which might also be able to help you.

HOW TO REPORT HUMAN RIGHTS VIOLATIONS TO THE SAHRC

If your case is a violation of one of the rights in the Bill of Rights, and it is not the type of case dealt with by another organisation, you can report it to the SAHRC by:

Phoning an SAHRC office. A member of staff will either take a statement, send you a complaints form or make an appointment for you to come to the office in person.

Sending a fax or letter to the Legal Services Department of the SAHRC in the language of your choice.

Getting a complaints form from the SAHRC, completing it and returning it to the SAHRC.

SAHRC ADDRESSES

Johannesburg

Private Bag 2700, Houghton 2041
Tel: 011 484 8300
Fax: 011 484 1360

Eastern Cape

P O Box 1854, Port Elizabeth 6001
Tel: 041 582 4094/2611
Fax: 041 582 2204

KwaZulu Natal

P O Box 1456, Durban 4000
Tel/Fax: 031 304 7323/4/5

Northern Province

P O Box 55796, Pietersburg 0700
Tel: 015 291 3500/3504
Fax: 015 291 3505

Western Cape

P O Box 3563, Cape Town 8001
Tel: 021 426 2277
Fax: 021 426 2875

THE BILL OF RIGHTS

To build a culture of human rights, it is important for every citizen to know their rights and understand their responsibilities. The SAHRC protects and promotes human rights for all the people of South Africa. The following is a simple version of the Bill of Rights. For the full version, please read Chapter 2 of the Constitution.

Equality	You cannot be discriminated against. But affirmative action and fair discrimination are allowed.
Human dignity	Your dignity must be respected and protected.
Life	You have the right to life.
Freedom and security of the person	You cannot be detained without trial, tortured or punished cruelly. Domestic violence is not allowed.
Slavery, servitude and forced labour	Slavery, servitude and forced labour are not allowed.
Privacy	You cannot be searched or have your home or possessions searched, without the proper procedures being followed by the police.
Freedom of religion, belief and opinion	You can believe and think whatever you want and can follow the religion of your choice.
Freedom of expression	All people (including the press) can say whatever they want.
Assembly, demonstration, picket and petition	You can hold a demonstration, picket and present a petition. But you must do this peacefully.
Freedom of association	You can associate with whomever you want to.
Political rights	You can support the political party of your choice. If you are a citizen, and at least 18 years old, you can vote.
Citizenship	Your citizenship cannot be taken away from you.
Freedom of movement and residence	You can go and live anywhere in South Africa.
Freedom of trade, occupation and profession	You can do whatever work you choose.
Labour relations	You may join trade unions and go on strike.
Environment	You have the right to a healthy environment.
Property	Your property can only be taken away from you if the proper rules are followed.
Housing	The government must make sure people get access to proper housing.
Health care, food, water and social security	The government must make sure you have access to food and water; health care and social security.
Children	Children under the age of 18 have special rights, like the right not to be abused.
Education	You have the right to basic education, including adult basic education, in your own language (if this is possible).
Language and culture	You can use the language you want to and follow the culture that you choose.
Cultural, religious and linguistic communities	Communities can enjoy their own culture; practice their own religion; and use their own language.
Access to information	You have the right to any information, which the government has.
Just administrative action	Actions by the government must be fair.
Access to courts	You can have a legal problem decided by a court, or a similar structure.
Arrested, detained and accused persons	These rights protect people arrested, imprisoned or accused of a crime.

NOTE: All these rights can be limited if it would be fair to do so. For more information, see Chapter 2 of the Constitution.

The content on this page was last updated on 2 March 2005

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