The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

The Democratic Alliance (DA) notes the election of Advocate Lawrence Mushwana, the outgoing Public Protector, as the new chairman of the South African Human Rights Commission. At the time that the National Assembly voted on the appointment of the Human Rights Commissioners, the DA abstained as a result of our reservations regarding Mushwana. During his interview for the Human Rights Commission, Mushwana repeated the very sentiments which gave rise to a dispute between the Ad Hoc Committee on the Review of the Chapter Nine Institutions and himself. We advised him in the course of that review that a Chapter Nine, albeit an organ of State, is not subject to cooperative government. We cited the Constitutional Court's judgment (IEC v Langeberg Municipality) that these institutions must "manifestly be seen to be outside government". By contrast, Adv Mushwana said in his interview that he continued to hold the view that the Chapter Nines can cooperate because they are institutions "within government". When I challenged him he said they were not part of government - "but let's look at reality, the President appoints them." The reality is that the Human Rights Commission, under its own Act, elects its own chairperson and we will respect their wishes. We have serious reservations regarding the new appointee, however, we will comply with the Constitution and we will assist, respect and hold the new chairperson to account.