??Stellenbosch 肆客足球 (SU) Law Faculty last week hosted a significant conference examining human rights and constitutional accountability in South Africa, marking 30 years of constitutional democracy in the country.
Held on 28 and 29 November 2024, the conference brought together legal scholars, practitioners and activists to critically assess the progress made and the challenges that remain in realising the constitutional promise of equality and justice for all.
The conference was hosted by Prof Sandra Liebenberg, the HF Oppenheimer Chair in Human Rights Law, Prof Bradley Slade, Chair of the Department of Public Law, and Dr Anisa Mahmoudi, a post-doctoral fellow to the Human Rights Chair.
It addressed the persistent gap between the rights enshrined in South Africa's 1996 Constitution and the lived realities of many people in the country, as well as the mechanisms and institutions for achieving accountability for human rights violations.
The conference featured a diverse range of speakers and panel discussions, fostering robust debate on key issues such as the role of the judiciary, parliament, Chapter 9 institutions and social movements in promoting accountability.
Setting the tone
In her opening remarks, Liebenberg mentioned the ongoing struggles for access to basic services, gender equality, effective governance and land reform.
“Thirty years into constitutional democracy, people still struggle with access to healthcare, education, food, water and social security. And we face governance challenges with corruption and maladministration, especially at local levels," she said.
Slade emphasised the importance of critically examining accountability mechanisms and exploring ways to enhance their effectiveness.
Life Esidimeni
Two keynote addresses provided powerful insights into the state of human rights and accountability in South Africa.
On Day 1 of the conference, Advocate Adila Hassim SC, a renowned human rights lawyer, delivered a compelling analysis of the legal and political dimensions of accountability, drawing on her extensive experience in public interest litigation.
Using the Life Esidimeni tragedy as a case study, she stressed the importance of individual accountability for public officials, arguing that consequences for wrongdoing are essential for upholding the rule of law.
In 2018, retired Deputy Chief Justice Dikgang Moseneke found the Gauteng Department of Health negligent in the deaths of 144 mental health patients. This followed the department's disastrous decision to move patients from Life Esidimeni facilities to ill-equipped NGOs in 2016, resulting in neglect and preventable deaths.
A legal inquest followed, culminating in a landmark ruling delivered on 10 July this year by the Pretoria High Court, finding former Gauteng Health MEC Qedani Mahlangu and former Director of Mental Health in Gauteng Dr Makgabo Manamela responsible for the deaths of the patients. Judge Mmonoa Teffo ruled their negligent actions directly contributed to the preventable deaths.
In a significant step towards accountability for the tragedy, the National Prosecuting Authority is now considering pursuing criminal charges against the two.
These officials should be prosecuted in their individual capacity for their roles in the deaths, Hassim argued.
'Spaza shop' deaths
On Day 2 of the conference, Acting Deputy Chief Justice Mbuyiseli Madlanga, who was appointed to this position in September, gave a stirring keynote address focusing on the government's responsibility to protect the rights of vulnerable citizens.
He referred to recent child deaths linked to contaminated food sold at spaza shops and by informal traders and said that this showed why greater accountability and proactive measures were necessary to prevent future tragedies.
Highlighting the tragic case of five-year-old Siyabonga Mnisi, who died earlier this month after consuming contaminated food from a spaza shop in Diepkloof, Soweto, Madlanga said, “The catastrophic phenomenon itself is not something recent. We have been losing children in this way for a few years now."
He continued: “This is an indictment on the government, the pre-eminent duty bearer for the protection of the rights guaranteed in the Bill of Rights. That much is plain from Section 7(2) of the Constitution, which provides that 'The state must respect, protect, promote and fulfil the rights in the Bill of Rights'."
In response to the crisis, the government declared a national disaster and announced a series of measures, including increased inspections and raids on spaza shops, mandatory registration of all spaza shops, and public awareness campaigns.
While acknowledging the efforts to address the crisis, Madlanga posed a poignant question: “The more recent deaths appear to have galvanised the government into action. All this is welcome, but how many children had to die before something could be done?"
He demanded proactive measures and a genuine commitment to safeguarding children's rights, not just retroactive measures to contain a crisis.
Madlanga also addressed the pervasive issue of corruption, which he called an “abhorrent scourge endemic in our country".
Madlanga said that the ultimate goal should be the “total elimination" of corruption.
Valuable platform
The conference served as a platform for critical engagement with the challenges facing South Africa's young constitutional democracy.
Professor Nicola Smit, Dean of the Faculty of Law, reiterated the SU's commitment to fostering research and dialogue on issues of human rights, democracy, and the rule of law.
“Stellenbosch 肆客足球 has a long and complex history, but today, rooted in the African continent, we support the African Union's Agenda 2063. This includes a peaceful and secure Africa, good governance, democracy, human rights, social justice, and the rule of law," she said.
The conference proceedings will be published in a book, contributing to ongoing scholarly debate and advocacy efforts aimed at improving human rights in South Africa.
* Desmond Thompson is a freelance journalist.
Image: Acting Deputy Chief Justice Mbuyiseli Madlanga speaking at the Human Rights and Constitutional Accountability Conference in Stellenbosch on 29 November 2024. (PICTURE: BJORN GROENEWALD/SCPS PHOTOS?)
