(Debate in Parliament: Evaluating the role played by Chapter Nine institutions in promoting constitutional democracy in post-Apartheid South Africa)
The role played by Chapter Nine institutions in promoting constitutional democracy is vital and, therefore, toothless institutions are useless.
These institutions should be competent, having sufficient resources and funding, skilled and expert personnel, and the support they need.
An example is the Human Rights Commission (HRC) that must ensure that basic human rights are not violated. When it does happen, such abuses should be investigated and appropriate remedial steps should be prescribed.
The abundance of human rights abuses in the country, particularly also by government itself, makes the workload of the HRC nearly impossible. For instance, section 24 of the Constitution guarantees everyone’s right to live and work in an environment that is not harmful to their health and wellbeing.
And yet, many South Africans are compelled to draw drinking water, if it is available, from sources polluted with sewage on a daily basis. The FF Plus has lodged many complaints about this with the HRC, but with very little success.
The Public Protector (PP) is a shining example of how the wrong person in the right office can cause immeasurable damage to a Chapter Nine institution.
Seven years ago, Parliament appointed a PP who eventually had to be removed from office due to incompetence.
The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities should be enabled to do more than paperwork and research.
Recent legal reforms enabling the Auditor-General (AG) to institute legal action is a step in the right direction, but then it needs to be implemented.
South Africa has one of the most progressive constitutions in the world, which makes provision for exercising, promoting and protecting citizens’ basic human rights.
Under the ANC government, however, these rights are being trampled, so, Chapter Nine institutions only look good on paper.
These institutions will only be able to successfully execute their mandates once the ANC is replaced by a competent and responsible coalition government, of which the FF Plus will be part.
