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Human rights in South Africa are protected under the constitution. The 1998 Human Rights report by Myles Nadioo noted that the government generally respected the rights of the citizens; however, there were concerns over the use of force by law enforcement, legal proceedings and discrimination. [ 1 ]
In this, the Constitutional Court confirmed the reading of the High Court in South African Human Rights Commission v Khumalo. [4] Dealing with an ambiguity in the syntax of section 10(1), the court also agreed with Khumalo that paragraphs (a) to (c) of section 10(1) should be read conjunctively, rather than disjunctively as proposed by the ...
National Commissioner of The South African Police Service v Southern African Human Rights Litigation Centre and Another, sometimes known as the torture docket case, is a 2014 decision of the Constitutional Court of South Africa on universal jurisdiction in international criminal law.
As South Africa continues to deal with the issues consequent of the Apartheid legacy, other proposed solutions have been to pass legislation, such as the Hate Crimes and Hate Speech Bill, to uphold South Africa's Constitutional ban on racism and commitment to equality. [13] [14]
The Human Rights Commission approached the Constitutional Court of South Africa to appeal the Supreme Court of Appeal's finding on the hate speech question. In addition to opposing that appeal, Masuku and COSATU filed their own cross-appeal against the prevailing costs order .
The South African Human Rights Commission found a public school guilty of hate speech toward black and mixed-race pupils. After an 18-month investigation, staff and the head teacher were found to have exposed pupils to dehumanizing and racist treatment.
Human rights are "rights one has simply because one is a human being." [3] These privileges and civil liberties are innate in every person without prejudice and where ethnicity, place of abode, gender, cultural origin, skin color, religious affiliation, or language including sexual orientation do not matter.
The trade union Solidarity has criticised the commission for what it claims is racial bias and prejudice. A comparative study revealed that the SAHRC is much more likely to self-initiate investigation where the perpetrator is white, and that it is more lenient in its punishment of black perpetrators.