As Human Rights Month draws to a close, South Africa should never let the sun set on inclusive human rights for all its people if it is to fully embody and honour the Constitution.
This year’s Human Rights Month is observed under the theme: “Bill of Rights at 30: Making Human Dignity Real”, marking 30 years of the Constitution.
“In South Africa, we’ve made progress in a number of areas. You will recall that we are coming from a long history — 350 years of dispossession, genocide, slavery and massive displacement of people. When we measure ourselves, we need to measure against that history.
“Measured against that, we’ve made significant progress. Compared to 1994, many more children are going to school. Many people now have houses, and there has been provision of water and electricity,” South African Human Rights (SAHRC) Commissioner, Professor Tshepo Madlingozi, told SAnews.gov.za.
He also pointed to the 29 May 2024 National and Provincial Elections as evidence that the right to vote is guaranteed.
“Of course, we had the 2024 general elections and those went very well. It shows that there is a guarantee of the right to vote, which is a positive,” he said.
However, while good strides have been made, the Commission’s State of Human Rights Annual Report 2024/25 highlights issues that still need addressing.
“I can give you one concrete example: Section 27 of the Bill of Rights guarantees the right to water, electricity, shelter and food. We receive many complaints in this category. A lot of people are still deprived of clean, accessible water, and many communities still rely on the bucket system for sanitation,” he said.
Gender-based violence, which has become entrenched, as well as crime, are among the other pressing concerns.
“When you look at basic services — access to water, electricity, healthcare, and participation in democratic processes at a local level — there’s still a long way to go. Crime has impinged on human rights. We warn that the overall picture is not looking good, and that this is a ticking timebomb, unless it is addressed,” he said.
The SAHRC is a Chapter 9 institution established to support constitutional democracy. It is committed to promoting respect for, observance of, and protection of human rights for everyone, without fear or favour.
Progress or regression?
Asked whether the country is making progress or regressing in terms of human rights, the Commissioner, who is also a lecturer, said: “It’s one step forward, two steps back sometimes, as I always say to my students.”
The Commission deals with between 6 000 and 8 000 complaints a year, indicating that citizens are aware of its existence and the services it offers.
“It tells you that people are aware of the Human Rights Commission, that they have faith in it and trust it. That is a positive. It shows that people have faith in democratic institutions and are using them. More profoundly, it shows that people are aware of their rights and are able to assert them,” he said.
Inequality
However, the other side of the coin highlights the need to address persistent inequality across society.
According to Madlingozi, the Commission’s State of Readiness of Schools Report for the 2026 academic year shows that impoverished learners face challenges that include poor infrastructure and a lack of science labs and libraries.
In addition, dysfunctionality in some municipalities remains a concern. The Commission has conducted several service delivery inquiries in the North West, Free State and Mpumalanga provinces.
“Local government is the coalface of service delivery. When that level is dysfunctional, corrupt, or lacks capacity — where there are low-skilled municipal managers and CFOs –people are unable to access their basic rights,” he said.
National Days
South Africa commemorates Human Rights Day on 21 March annually, marking the tragic events of the Sharpeville massacre in 1960, when the apartheid regime killed 69 peaceful protestors.
The Commissioner emphasised the importance of national days.
“They are very necessary. Too often in South Africa, there is what we call collective amnesia — a forgetting of where we come from — which leads to taking our rights for granted. We find people not asserting their rights as they should.
“We don’t celebrate Human Rights Day or Freedom Day; we commemorate them. We use these days for critical reflection in a bifocal manner. We look back at where we come from, honestly and critically, and we look forward at what we need to do to redouble our efforts to improve the state of human rights.
“These days allow us to gather at workshops, rallies and stadiums to honour those who laid down their lives for this freedom. They are moments to pause, reflect, and highlight areas for improvement so that we can move forward with determination and honesty,” he explained.
Strengthening human rights
The Professor stated that “proper redistribution” is necessary to strengthen human rights.
“We make no apology as a Commission in saying that there is no justice without reparation, without redress, and without honesty about what happened in the past.
“Constitutional literacy is very important. Everyone should have a copy of the Constitution either downloaded on their phone or obtained from the Department of Justice, GCIS, or the Commission. People need to take an interest in their rights so that there is a sense of responsibility as active citizens.”
He added that State institutions must do more to popularise the Constitution and foster active citizenship, stressing that rights come with responsibilities.
This responsibility extends to children, with the Commission having launched the Rights and Responsibilities of Learners campaign this month.
“A lot of children are aware of their rights, but not their responsibilities. We see bullying, revenge porn, and even cases where children have died by suicide due to bullying. If we do not inculcate responsibility at that level, we will not go far.”
Professor Madlingozi, who leads the Anti-racism, Education and Equality office at the Commission, said there is a need to develop the next generation of socially conscious and constitutionally aware citizens.
“We have to start with learners,” he said.
Hate Speech Act
In May 2024, President Cyril Ramaphosa assented to the Preventing and Combating of Hate Crimes and Hate Speech Act. The Act outlaws hate crimes and hate speech, and provides for the prosecution of offenders. However, its regulations are yet to be promulgated, with public input having closed at the end of January 2026.
Madlingozi said the Commission had long advocated for such legislation.
“In the past, cases of hate speech were dealt with in the Equality Court or through mediation. But we have seen that for some offenders, that is not enough. There needs to be a criminal offence so that people understand there are consequences to being racist, homophobic or sexist.
“We are very happy that the President has signed the Act. The draft regulations that will bring it into force have now been published,” said the Commissioner.
He explained that the Act creates a distinct category of hate crimes.
“In the past, these were treated like other crimes such as assault or murder. Now, if the motivation is based on racism, homophobia or xenophobia, it is classified as a hate crime, meaning the punishment reflects that aggravation.”
The Act also clearly defines hate speech.
“All of us have the right to freedom of expression. We are even free to insult one another, and podcasts can provoke. What you are not allowed to do, based on somebody’s colour, race, sexuality or class, is to propagate hatred with the intention to demean them. That is hate speech.
“For the first time, there will be clarity on this issue that 31 years into democracy, we are still dealing with.”
He added that hate speech continues to echo the country’s past.
“Hate speech continues. It harks back to our past and it continues to really create a society where some people have a sense of superiority, and some people are deemed to be less than human,” he said as he also confirmed that the Commission had submitted comments on the draft regulations.
Bringing the Constitution to life
As the country also celebrates the anniversary of the Constitution, Madlingozi has urged South Africans to interest themselves with Constitutional matters.
“I hear people speak of rights that are not in the Constitution… as an example, there’s no right to land in the Constitution, which is available in all languages, including Braille. You can’t commemorate something that you don’t know. I’ve been teaching law for the past 24 years. I don’t know the Constitution off by heart, but I carry the Constitution with me so I can refer to it at any time.
“The Constitution is a document; it needs to be brought to life. It needs to be embodied in everything that we do. Apart from constitutional literacy, there needs to be everyday action to embody constitutional values and constitutional promises, and it starts with small things, like how do we talk to one another when we call radio stations (for example)?
“We need to embody values of dignity, respect, empathy and ubuntu. That’s how we make the Constitution realisable.”
The Commissioner, who also teaches on human rights systems in South Africa and Vienna, Austria, said citizens can embody the Constitution, for example, by respecting the country’s infrastructure, when protesting.
“The Constitution is only a document; it can only come to life if all of us do the right thing. We’ve made some progress as a country, but the road is still long because we come from a long history of settler colonisation. But if all of us, in everyday simple acts, do the right thing, we will see the needle moving as far as constitutional promises are concerned,” he said. –SAnews.gov.za
