Issued by Shanees Nkandu on behalf of the FW de Klerk Foundation on 16/05/2025

Introduction

The FW de Klerk Foundation’s Human Rights Report Card, 2024 recently examined the health of the various fundamental rights entrenched in the South African Constitution. Section 10 of the Constitution entrenches the right to dignity, acknowledging everyone’s “value and worth” as members of society. This article will examine some of the recent developments affecting the full enjoyment of this right.

Urgent City Housing

The Constitutional Court’s ruling in Charnelle Commando and Others v City of Cape Town and Another highlighted the adverse effects of urban gentrification on vulnerable communities. The case addressed the forced eviction of residents in Cape Town’s Woodstock area, emphasising that such dislocation inflicts serious harm on their dignity. Thus, there is a strong burden of justification on the state where its policies lead to the severance of people from their social and community networks. The Court ruled that the City’s policy of excluding emergency housing from the inner city was unreasonable and unconstitutional, because it failed to consider the impact of displacement on social and community networks.

Muslim Marriages Recognised

In a historic move, the Department of Home Affairs began issuing marriage certificates recognising Muslim marriages in October 2024. This milestone followed sustained advocacy and legal challenges, particularly in the Women’s Legal Centre Trust v President of the Republic of South Africa and Others case, where the Constitutional Court mandated legislative reforms to acknowledge Muslim marriages. This recognition ensures that Muslim couples are no longer compelled to register their unions under civil or customary law to gain legal recognition. The formal acknowledgment of these marriages is a significant step in affirming the dignity of South Africa’s Muslim community.

Schools

Despite commitments to improving school infrastructure, the 2024 Education Facility Management System report revealed that approximately 1 770 public schools still use both standard facilities and pit latrines, with 287 schools relying solely on pit latrines. The continued use of these unsafe facilities has had tragic consequences, including the death of a three-year-old boy on 18 April 2024 at a daycare in East London. In response, the government has reaffirmed its commitment to eradicating pit latrines by 2025. However, as of the end of March 2025, the Department of Basic Education confirmed that it had only managed to eradicate 96% of the school pit toilets. Until the goal of 0 pit toilets in schools is fully realised, many learners’ right to dignity remains compromised.

Crime

Violent crime and gender-based violence continue to be significant threats to human dignity in South Africa. The South African Police Service’s crime statistics show that in 2024, women and children remain greatly affected by violent crime. Sexual violence remains a persistent issue, even though 2024 saw a 0,84% decrease in sexual offences from the year before. However, underreporting remains a critical concern, with only 20% of women who suffer sexual abuse reporting it. The government’s recent legislative reforms seek to strengthen protections for survivors.

The number of female murder victims decreased by 68 murders, but still amounted to  3 812 murder victims. That means that almost 10 and a half women were murdered every single day in South Africa. The number of attempted female murder victims increased by 327, bringing the total number to 6 573. That is 18 women a day. Positively, the number of female assaults with intent to do grievous bodily harm (“assault GBH”) victims decreased by 1 044. Additionally, the number of female rape victims in domestic violence cases also decreased, albeit by only 3 women. This brings the total number of female assault GBH victims and female rape victims in domestic violence cases to 59 844 and 3 334 respectively. This is approximately 164 women who were assaulted with the intent to do grievous bodily harm and just over 9 women who were raped as part of domestic violence, every single day last year.

Conclusion

Ensuring the right to dignity for all South Africans remains an urgent priority. It must be stressed that the failure to ensure a woman is safe, is a fundamental barrier to her from gaining access to, and fully participating in, the economy and society. Without prioritising effective implementation of laws and policies, dignity will remain elusive for many South Africans. For more information on the health of this important right, see the FW de Klerk Foundation’s Human Rights Report Card, 2024.