Issued by Shanees Nkandu on behalf of the FW de Klerk Foundation on 26/05/2025

Introduction

The FW de Klerk Foundation’s 2024 Human Rights Report Card offers a comprehensive assessment of the state of fundamental rights enshrined in the South African Constitution. Among these is the right to life, enshrined in section 11 of the Constitution. It safeguards everyone’s right to life, which is the “most fundamental of all rights”. Yet, as revealed in the Human Rights Report Card, its state remains deeply concerning. Despite the Constitution’s unqualified protection of this right, South Africa still has a long way to go in establishing respect for this right in society. This article looks at some of the developments that influenced the enjoyment of this right in 2024.

Alarming Crime Statistics

South Africa remains plagued by violent crime, undermining any meaningful enjoyment of the right to life. With the highest crime index in Africa, South Africa ranks as the fifth most dangerous country in the world. To illustrate how violent crime undermines the right to life one need only look at the murder statistics for 2024: The official South African Police Service (“SAPS”) crime statistics show that 26 232 murders were committed in 2024. This is an average of 71,87 people murdered daily. Compared to 2023’s average of 74,44 murders daily, these figures illustrate a slight improvement, but remain too high. Of these 71,87 daily murders, approximately 33 were from gun violence – almost half. Importantly, a large number of firearm-related deaths are linked to illegal firearms.

Firearm Mismanagement: An Escalating Crisis

Despite strict gun control legislation, the proliferation of illegal firearms continues to fuel deadly violence. In 2024, firearm-related fatalities surged, particularly in gang-ridden urban areas. Notably, the government loses approximately 1 800 firearms annually to criminals, which further fuels the violence. The persistence of illegal gun ownership, points to weak enforcement and control measures.

Child Malnutrition: The Under the Radar Violation

Perhaps the most overlooked threat to the right to life is food insecurity. It manifests under the radar. The South African Food Security Index 2024 found that food insecurity reached its highest level in over a decade in 2024. Rising food prices, poverty and high unemployment have made it increasingly difficult for families to afford nutritious meals. In 2024, the food poverty line was R796,00 per person per month (much more than the Child Support Grant of R510,00 per month). A Human Sciences Research Council survey found that 63,5% of households in South Africa face food insecurity.

The United Nations Children’s Fund found that less than 21% of children receive a minimum acceptable diet and 23% of South African children face life-threatening food poverty, placing South Africa among the 20 worst-affected countries. Children are especially vulnerable to the effects of malnutrition and 25% of children’s growth is stunted. Many children now suffer from stunting, wasting and micronutrient deficiencies, conditions that drastically increase mortality and impair future development.

Illegal Mining and the Stilfontein Tragedy

In one of 2024’s most harrowing human rights disasters, at least 78 illegal miners (or “zama zamas”) died in the abandoned Stilfontein mine in North West province. During a police operation aimed at dismantling illegal mining operations, authorities cut off food, water and medical access to the miners underground. The strategy backfired catastrophically; turning the crackdown into a humanitarian crisis marked by starvation, dehydration and even reported cannibalism.

This tragedy lays bare the intersection between poverty, criminalisation of survival activities and the state’s obligations regarding the right to life. The state’s duty is not only to prevent violence, but also to refrain from actions that knowingly expose individuals to death and suffering.

Conclusion

The greatest threat to the right to life in South Africa stems not from constitutional shortcomings, but from the pervasive violent crime that afflicts the nation. This violent crime arises from the inability of the SAPS to enforce the law equally nationwide. It points to an inability by SAPS to deal with the sheer volume of crime it is required to detect and prevent across the country. While those who can afford private security have been forced to do so (and this has led to meaningful employment for many South Africans in the private security sector), millions who cannot afford such protection continue to bear the brunt of this violent crime. In short, for South Africa to become a safe society, the state needs to do much more to strengthen and capacitate an efficient, professional, ethical and effective SAPS.