The Centre for Constitutional Rights (CFCR) celebrates international Human Rights Day but also calls for the protection of society’s more vulnerable groups.

Noluvo Swelindawo lived openly as lesbian in Khayelitsha until she was brutally murdered – supposedly, because of her sexual orientation – joining a growing list of such horrific incidents in South Africa. Despite the fact that the Constitution prohibits unfair discrimination on grounds including ‘sexual orientation’ – and further that the State is obliged to respect, protect, promote and fulfil the rights in the Bill of Rights – there are simply too many reported incidents of such intolerance. The proliferation of such attacks occurs despite the observance of international Human Rights Day, which day also marks the end of the 16 Days of Activism against Gender-Based Violence Campaign.

South Africa already suffers one of the highest rates of rape in the world – and with women such as Noluvo Swelindawo, their sexual identity adds an extra layer of vulnerability.  The 16 Days of Activism against Gender-Based Violence Campaign is meant to address gender-based violence, including the type of violence directed against women who identify as lesbian, gay, bisexual or transgender.

On 1 December 2016, we celebrate World AIDS Day – the global initiative which aims to unite people in the fight against the disease. In the spirit of the day it is perhaps appropriate to take a moment and reflect on the significant advancements made during this year by various role players in the fight against HIV and AIDS.

South Africa has come a long way since the ground-breaking judgment by the Constitutional Court (the Court) in Minister of Health and others v Treatment Action Campaign and Others in 2002 (TAC), in terms of which the Government was ordered to provide the anti-retroviral drug, Nevirapine to all public hospitals and clinics and not only those classified as research sites.

On 30 November 2016, the Centre for Constitutional Rights (CFCR) and the School of Public Leadership (SPL) at Stellenbosch University (SU), supported by the Konrad Adenauer Stiftung (KAS), hosted the final dialogue in a series of discussions for 2016.  The discussions aim to create a platform for debate and dialogue about the Constitution and good public leadership.

Guests who attended the dinner were from a myriad of disciplines including government, diplomatic circles, academia, and civil society. The conversation focused on the topic of foreign policy and international law. This is especially pertinent to the context of South Africa, in light of Cabinet’s recent decision to withdraw from the International Criminal Court (ICC), a move that would take effect one year after formal notice. Both panel and audience members fleshed out the implications of South Africa withdrawing from the Rome Statute and gave critical insight into what lies ahead for the future of the nation. 

On 20 November, Universal Children’s Day will be celebrated around the world. This day is dedicated to promoting the welfare of children and signifies the adoption of the Declaration of the Rights of the Child and the Convention on the Rights of the Child by the United Nations (UN).  In South Africa, this is a day dedicated to the 19.7 million children under the age of 18 around the country. 

Universal Children’s Day goes beyond simply celebrating the youth of the world – the goal is also to raise awareness about the most vulnerable children, who have endured and succumbed to various forms of abuse, exploitation, and oppression. Children’s rights have been spearheaded globally through the Millennium Development Goals (MDGs), and furthermore with the targets outlined in the Sustainable Development Goals 2015-2030 (SDGs). 

The leader of South Africa’s third largest political party, Mr Julius Malema, finds himself in the crosshairs of the law once again. This time, for allegedly contravening the Riotous Assemblies Act in purportedly urging his supporters to invade land. He is reported to have said this to a large group of supporters in 2014, and mostly recently, in June 2016.  News reports further mention his intention to approach the Constitutional Court to challenge the constitutionality of the Riotous Assemblies Act. Various political commentators appear to be in agreement with this assertion, premised on the fact that the Riotous Assemblies Act (the Act) pre-dates the Constitution as it was promulgated in 1956.

On 11 November 2016, Communications Officer Megan Dick, and CFCR interns, Kiah Murphy and Sonam Mansingh had the opportunity to visit the soon-to-be-completed Welvanpas Water Treatment Works purification plant in Drakenstein Municipality. 

South Africa’s aging water system infrastructure, heavy economic dependency on agriculture, and the increasingly extreme effects of climate change on the environment have made it almost impossible for government to progressively realise the right to water, expressed in section 27 of the Constitution. Many municipalities have been forced to implement water restrictions to ensure that the country does not suffer an irreversible water crisis. The Drakenstein Municipality in Paarl was one of the first areas to announce restrictions at the beginning of 2016. Since then, a combination of government and community efforts, as well as passionate investment from expert engineers, has vastly reduced water loss in the area.