The South African Human Rights Commission (SAHRC) held its 30th-anniversary symposium on Wednesday in Sandton, Johannesburg.

The symposium, themed “30 Years of Courage: Defending Human Rights, Dignity, Justice and Democracy for All”, served as a critical reflection on the commission’s three-decade legacy, including its achievements and challenges.

For three decades, the SAHRC has been more than a watchdog, according to Deputy Minister of Justice and Constitutional Development, Andries Nel.

He stated that it embodies commitment: a conscience, a catalyst, and a companion to South Africa’s Constitution, transforming rights from abstract concepts into tangible experiences.

Nel said the SAHRC’s investigations into racial discrimination, service denial, and violence in schools have made human dignity tangible.

A genuine human-rights culture is one where dignity, equality, and freedom shape governance and relationships, he said.

Since its inception, Nel stated that the SAHRC has probed violations and held power accountable.

He said the SAHRC has amplified unheard voices, including farm workers in wage disputes, victims of xenophobia, and the LGBTQIA+ community.

Its investigative report on the July 2021 unrest stands as a landmark in truth-telling, documenting how racialised violence and governance failures undermined public trust and offered reforms to prevent recurrence.

“These cases are not statistics; they are stories of courage from a commission that dared to listen and act,” said Nel.

In the Life Esidimeni tragedy, it exposed systemic neglect in mental health care and continues to monitor the implementation of its recommendations.

“During the Covid-19 lockdown, it documented abuses by law enforcement, ensuring that emergency powers did not eclipse human rights.”

Nel said its work strengthened oversight, prevented harm, and proved the commission serves as a mechanism for renewal, not merely a mirror of our failings.

The commission educates by bringing constitutional values to life through school programmes, public campaigns, and the National Schools Moot Court Competition.

“Perhaps the commission’s greatest achievement is that we now speak of dignity, equality, and justice not just in courtrooms, but in classrooms and community halls.”

This normalisation signals a maturing democracy, he said.

Nel stated that the SAHRC’s contributions — from the Caster Semenya case to UN treaty reporting — have positioned South Africa as a leader in human rights.

He said to equip the commission for the next 30 years, we must ensure adequate funding and expand partnerships to make human rights tangible in rural and marginalised communities.

Other focuses include international collaboration; consider granting the SAHRC binding directive authority like the Public Protector, ensuring all state organs and private entities act on commission recommendations, and that its mandate is understood.

Nel said these steps would fortify the SAHRC as a shield for rights and a bridge between people and power.

“As we approach the 30th anniversary of our Constitution in 2026, we are called to renew its promise to ‘improve the quality of life of all citizens and free the potential of each person’.”

Former SAHRC chairperson, Justice Jody Kollapen, spoke about the judiciary’s role in promoting human rights, stating that our democracy’s success must align with our ability to uphold people’s realities as envisioned by the Constitution.

“We have hardly done as well as we could have. We have made progress, but if we’re honest, that progress has fallen short of our moral and ethical obligations,” he said.

He recognised that advancing a culture of human rights in South Africa is a collective responsibility. “That doesn’t mean dedicated institutions escape their responsibility by this notion of shared responsibility,” he noted.

Kollapen expressed concern that most people are unable to access the courts. Knowing your rights becomes meaningless without the ability to assert them in court, rendering equality before the law hollow.

Courts are issuing judgments that cause individuals to lose homes and livelihoods. Many lack legal representation because they cannot afford a lawyer and do not qualify for Legal Aid due to the means test.

He stated that the Constitution guarantees legal representation for those facing short prison sentences, yet no such provision exists for individuals at risk of losing their homes, despite the comparable impact.

A rules-based society disproportionately benefits those familiar with and able to enforce these rules, he added.

Kollapen said South Africa has a wonderful Constitution that has shaped his life and created opportunities for him and many others.

However, he said millions still live outside its embrace, yet to experience its redemptive power.

“To say that must worry us is an understatement. We ask ourselves, ‘How is it possible that Apartheid survived for so long?’ We don’t really have the answer.

“Well, someone will ask this generation, how is it possible that poverty and inequality survived for so long in this country? What will our answer be?”

Abigail Noko, regional officer for the Southern Africa Office of the United Nations, stated that the challenges faced are not a failure of human rights but a failure to give them the teeth they need.

“At the Human Rights Office, we stand ready to work with you, to be courageous with you, to never give up until the job is done,” she said.

Advocate Nthabiseng Sepanya Mogale, Commission for Gender Equality (CGE) chairperson, highlighted that Chapter 9 institutions like the Public Protector, SAHRC, and CGE, serve as crucial checks and balances, strengthening South African democracy through oversight and safeguarding constitutional rights with impactful recommendations and remedial actions.

However, some courts have challenged their authority, raising concerns about effectiveness and public perception.

karen.singh@inl.co.za

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