The South African Human Rights Commission (SAHRC) said it is calling for submissions from the public as it launches an inquiry into alleged heavy-handedness by police and security at a student protest at Walter Sisulu University in May.
Nine students were injured when law enforcement allegedly fired rubber bullets into them in May 2024.
The university’s Mthatha campus had to be closed following the violence, which meant students could not vote there during the national and provincial elections.
Live ammunition may have also been used
“Some reports indicated the use of live ammunition to disperse the crowds,” the commission said.
“These reports alleged that the crowd management methods employed were excessive and fell outside of the prescripts of the empowering legislation.”
Due to these allegations of excessive use of force and its mandate to protect individual rights, the commission resolved to investigate the matter in the form of an inquiry into the lawfulness of the force used and its impact on human rights.
Please not for sensitive viewers!!!!
Six students at Walter Sisulu University were shot with live bullets during a peaceful protest on their campus. The students were demonstrating against eviction by landlords from their residences.#justice_for_our_students pic.twitter.com/ajJCrvJ4DE
— Jerome McQuade (@GoatMessiahh) May 27, 2024
This is in line with Section 15 of the South African Human Rights Act 40 of 2013, empowered by Section 184 of the Constitution of the Republic of South Africa.
The commission said special consideration will also be given to Section 17 of the Constitution, which ensures that everyone has the right to assemble, demonstrate, picket, and present petitions peacefully.
The Inquiry will also investigate whether the actions of the relevant law enforcement officials and security personnel were in line with legislative and policy frameworks, particularly the National Instruction 4 of 2014 which guidance on crowd management during public gatherings and demonstrations.
Holding authorities to account
“Through this intervention, and in view of the Commission’s recent re-launch of its July Unrest Report, the Commission aims to hold to account the relevant implementing stakeholders who are alleged to have employed excessive crowd management methods which fall outside of the prescripts of the empowering legislation and give effect to the principles and values that underpin our constitutional dispensation.
“This includes emphasizing the protection, promotion, and realization of the rights enshrined in the Bill of Rights.”
The inquiry is scheduled to take place from 13 to 14 August and will be livestreamed on the commission’s YouTube channel.
The SAHRC invited members of the public, academia, and civil society organizations with relevant information to contact it at lmpondo@sahrc.org.za or ntyulusahrc.org.za.
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