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ACDP: Statement by Steve Swart, African Christian Democratic Party MP, on the Human Rights Commission (23/09/2009)

23rd September 2009

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"The ACDP would firstly like to acknowledge the sterling work done by outgoing commissioners under the leadership of Jody Kollapen in fulfilling the Commission's mandate of promoting and protecting human rights in our country. We should remember that the Commission is mandated with the very important task of monitoring the progressive realization by government of socio economic rights such as those pertaining to a clean environment, housing, healthcare, food, water, social security and education. The annual reports provided by the Commission have proved very useful in this regard.

As far as the nomination process is concerned, the ACDP wishes to acknowledge the accommodating attitude displayed by the ANC. We led the questioning of candidates on their understanding of the mandate of the Commission, and how they saw its relationship with the Executive and Parliament, particularly in view of the findings of the 2007 ad hoc Parliamentary Committee on the Review of Chapter 9 institutions. We were impressed with the calibre of the candidates and welcome the suggestion of a panel of expert advisors.

The ACDP shares reservations expressed by my colleagues concerning Adv Mushwane. We also have reservations about adv Mpumlwane who in response to a question indicated that if he had his way he would ban the private practice of law and medicine - hardly the response expected from someone steeped in a human rights tradition.

It is regrettable that Prof Jeremy Sarkin was not appointed as he would have added much value to the Commission. We trust that he will consider serving on a panel of advisors as recommended by the Portfolio Committee.

Whilst we have noted our reservations to certain candidates, it is incumbent upon us to ensure that they succeed. Many poor and marginalized communities are dependent on this.

As far as both the Human Rights Commission and the Public Protector are concerned, the ACDP looks forward to the implementation of the recommendations of the "Asmal Report". We need to establish a unit within the Deputy Speaker's office to assist theses chapter 9 bodies, and to address ‘shocking instances of departmental failures or unsatisfactory responses to complaints".

 

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