Date: 16/03/2010
Source: The Independent Democrats
Title: ID: De Lille: Speech by the leader of the Independent Democrats, in the debate on Human Rights Day, Parliament

Honourable Speaker, we must all ensure that a day like Sharpeville never ever happens again. 

The Independent Democrats believes that we have indeed made some progress in terms of the attainment of human rights for our people.

However, most of this progress happened in a short time period immediately after Freedom in 1994.

Currently, the situation is very different in that our Constitution is under tremendous pressure.

Enforcement, protection and observance of our Constitution must occur at all levels. 

It is not only the duty of the courts to ensure that South Africans enjoy their constitutional rights.

Parliament in its conduct and through the laws that we make must also ensure that we protect human rights.

Section 8 of the Constitution says that the Bill of Rights and I quote, 

"...binds the legislature, the executive, the judiciary and all organs of state."

The courts are the final arbitrators in the enforcement of human rights and they only come in where there has been a lack of enforcement.

Of all the arms of Government, the Executive arm has been the most ineffective when it comes to fulfilling human rights.

A good example of the fallout from this inefficiency is the service delivery protests around our country.

Parliament made the laws, like the Municipal Structures Act and others, which municipalities are failing to implement because of the lack of leadership from the Executive.

The Grootboom case is another example, where even in spite of the Constitutional Court's ruling that Ms Grootboom be provided with a house, other arms of Government failed her and she died in 2008 without a house. 

The other case worth mentioning is when the Constitutional Court ruled that ARVs must be provided to HIV-positive people and it took years for the Executive arm of Government to do so.

If everyone in the Executive did their jobs properly we would not have so many court cases and we would have more taxes to use for the benefit of our people.

Section 28 of the Constitution, meanwhile, provides children with second generation human rights, which means Government must provide them with a number of basic services.

This right of children has been very poorly observed by the Executive.

For example, children have a right to basic education, but the reality is that many of our children are living on the street. 

The ID feels very strongly that since the courts are achieving far more than the Executive, we should focus more resources on the courts by introducing the Indian model, whereby any person can write a letter to the court about human rights violations they have experienced.

The court then investigates and hears the matter, after which a ruling is made.

This will ensure that the courts become proactive and also that they do not award costs to those who open human rights cases.

The ID gives this Government 5 out of 10 for human rights - that's all. 

I thank you.