Human Rights Under Stress: SAHRC Findings Reveal Everyday Struggles

National Human Rights Institutions (NHRIs) around the world share a broadly similar mandate, even though they operate in different legal and political contexts. Their common purpose is to promote, protect and monitor human rights within their respective countries.

The human rights landscape in South Africa came into sharp focus last September when South Africa’s NHRI, the South African Human Rights Commission (SAHRC), released four major reports. These reports detailed the everyday struggles that communities continue to face despite the country being under democratic rule for over 30 years. The findings offer a timely and sobering reminder of the pressures confronting ordinary people. These challenges range from access to water and health care to the state of schools, housing and basic services.

The State of Human Rights Report for 2024–25 highlights the significant impact these issues have on communities. In the period under review, the SAHRC finalised 7,516 complaints. This figure reflects both the scale of rights violations and the public’s reliance on the Commission to intervene when systems fail.

The majority of complaints related to economic and social rights, including health care, food, water and social security. These areas directly shape the quality of daily life in communities. Complaints about just administrative action were the second most common, pointing to frustrations with delays, inefficiencies and unfair treatment in government processes. Race-related complaints topped the equality category, underscoring the persistence of discrimination in many parts of society.

The Department of Home Affairs, the Department of Basic Education and the South African Police Service were the government institutions that most people complained about. Also featuring prominently were municipalities such as eThekwini, Rustenburg and Polokwane. Among state-owned institutions, Eskom received a high number of complaints. In the private sector, Anglo American Platinum drew the highest number of complaints.

The situation in health care facilities illustrates the strain many communities continue to face. The average waiting time was 129 minutes, slightly above the recommended 120 minutes. Some provinces, however, fared far worse — for example, Gauteng, which averaged 195 minutes. Only half of the facilities had backup power, raising concerns about patient safety during outages and the ability of clinics to function during prolonged power cuts.

The reports also shed light on the state of education in the country, revealing uneven learning conditions. The SAHRC’s monitoring of 367 schools found that while most institutions had electricity and water, only 30% had backup power, leaving many vulnerable during load shedding and prolonged outages. Sixteen per cent of schools still relied on pit latrines. Additionally, access to libraries, science laboratories, computer facilities and sports amenities varied among schools.

The reports reaffirmed that the Commission’s mandate extends to all people living in the country, regardless of nationality, including non–South African citizens. The majority of complaints received during the period under review were from South Africans. Xenophobia emerged as a significant human rights concern, with foreign nationals often facing heightened vulnerability and discrimination. The SAHRC noted that protecting the rights of non-nationals remains an essential part of its work, particularly in a context where xenophobic attitudes and actions continue to surface in various communities.

On the international front, the SAHRC’s report shows that South Africa continues to engage with global human rights bodies. The country appeared before the UN Committee on the Rights of the Child and submitted follow-up information under the Convention on the Elimination of All Forms of Discrimination Against Women.

During the reporting period, the SAHRC received re-accreditation as an “A-status” national human rights institution (NHRI). This was a significant achievement, as it is the highest international recognition for independence and effectiveness of NHRIs. This status is earned through rigorous review, and the SAHRC was commended for its work in promoting and protecting human rights in South Africa.

Taken together, the reports released by the SAHRC offer a clear picture of the human rights challenges facing South Africa. They paint a picture of a country where constitutional protections remain strong on paper but uneven in practice, where progress coexists with persistent gaps, and where the most vulnerable continue to carry the heaviest burdens.

They also show that accountability is possible, and that institutions like the SAHRC play a vital role in ensuring those in power answer for their actions. How South Africa responds to these findings will help determine the kind of society the country becomes.

It is within this context that the role and limitations of NHRIs must be understood. NHRIs, including the SAHRC, are created by law and have the power to investigate, monitor, report and make recommendations, but they do not have direct enforcement powers like a court.

*The opinions expressed in this article do not necessarily reflect the views of the newspaper.*

DAILY NEWS