The Legal Services Unit (LSU) is responsible for providing quality legal services for the protection of human rights in South Africa. The LSU endeavours to discharge the protection mandate of the Commission through the efficient and effective investigation of complaints of human rights violations, the provision of quality legal advice and assistance, as well as seeking redress through the courts for victims of human rights violations. The LSU seeks to foster an understanding and respect for human rights by addressing human rights violations or threats of a violation, which includes making appropriate findings and recommendations to stakeholders.
The investigation of complaints involves conducting public inquiries, issuing of subpoenas and in loco inspections where necessary. Recourse to litigation occurs in instances where negotiations and mediation have failed, or did not produce the required results. The detailed procedure for lodging complaints may be found on the Commission’s website. The procedure followed in handling complaints is contained in the complaints handling manual.
A Trends Analysis Report is also produced on an annual basis so as to substantively analyse complaints received by the Commission for the relevant financial year under review. It aims to not only provide statistical information regarding the number of complaints received, referred and finalised by the Commission, but to further provide a narrative analysis with a view to informing both Parliament and the general public about the initiatives undertaken by the Commission in addressing such complaints.
NOTICE
Please note that as of 1 July 2021 and in terms of the Promulgation by the President of the Republic, the South African Human Rights Commission (SAHRC) has handed over its PAIA functions to the office of the Information Regulator in terms of the Promotion of Access to Information Act 2 of 2000 (PAIA) as amended by the Protection of Personal Information Act 4 of 2013 (POPIA).
Kindly upload the section 51 reports to you websites and keep hard copies at your premises. The SAHRC will NOT be accepting or acknowledging any compliance reports.
All POPIA/PAIA enquiries, compliance matters and registration of Information officers, new PAIA POPI/PAIA complaints and data breaches must directed to the office of the Information Regulator. Below is their email address.
The Research Unit (RU) is tasked mainly with discharging the monitoring mandate of the SAHRC. The RU conducts investigations on pertinent human rights issues through various means, including interviews and desktop studies, and then drafts reports that include findings from these studies. Recommendations to offer remedy in the case of human rights violations, are also provided.
The Research Unit (RU) engages extensively with external stakeholders, such as government departments, civil society organisations, academia and community-based organisations, to offer advice and expertise, and to benefit from research that these organisations and individuals undertake. Staff from the RU sit on various committees and expert panels relating to their respective fields of interest and focus. The RU also offers support to other units within the SAHRC such as Legal, Advocacy and the Commissioners programme.
The Advocacy and Communications unit plays a strategic central role in strengthening the Commission’s promotion mandate. Both advocacy and communications are a common thread that runs throughout the work of the various units within the Commission.
The unit seeks to create a balanced and integrated approach of the three core aspects of the Commission’s mandate for expanded visibility and impact on the Commission’s work. As rights are inter-linked and inter-dependant, this unit’s promotion work complements both the protection and monitoring of human rights aspects so that the three core mandates are reinforced.
The Advocacy sub unit mainly works towards the promotion of human rights to create awareness, deepen understanding of human rights and ensuring attainment of a culture of human rights. This is achieved through various advocacy methodologies, which include training workshops, seminars, roundtable discussions, conferences, public campaigns, presentations, media interventions, community outreach, publications and information dissemination. These activities have been classified under the broad term of advocacy, outreach and human rights education.
The bulk of implementation of advocacy work is mainly carried out through the Commission’s provincial offices, with the unit at Head Office being mainly responsible for events of a national character and also supporting, coordinating and overseeing those activities that relate to advocacy within the provinces. Recent notable achievements for the sub-unit include key outputs such as human rights clinics as a model for outreach to rural and marginalized communities; broad based stakeholder engagements on key topical issues on relating to equality and socio-economic rights; the commemoration of human rights calendar days through public events throughout the year which culminate in a wide range of events to mark Human Rights Month in March of each year and the development and production of promotional and supportive material to accompany the unit’s advocacy activities.
The Communications sub unit’s work reinforces its supportive role to advocacy, by carrying out external and internal communications processes and protocols; communicating the SAHRC’s national priorities and objectives of protecting, promoting and monitoring human rights in South Africa and assisting in developing a positive image of the SAHRC to its stakeholders, as the institution seeks to transform society, secure rights, and restore dignity. Communications work is mostly carried out at Head Office and Provincial Offices also undertake provincial media interventions, as coordinated by Communications unit at the head office.
The Parliamentary and International Affairs Unit is situated within the SAHRC’s Research Programme. It serves as the institution’s focal point for parliamentary, international and regional human rights engagement and conducts research, drafts submissions and engages in various advocacy activities in order to carry out the Commission’s constitutional mandate.
The unit actively engages with parliamentary processes to ensure that South Africa’s legislative framework promotes and protects human rights in terms of the Constitution and relevant international and regional human rights obligations, norms and standards.
The unit also ensures that the SAHRC is visible as a national human rights institution (NHRI) at the international and regional level and monitors, reports and raises awareness about South Africa’s compliance with its international and regional human rights obligations.
Areas of Focus
· Legislative analysis and drafting of submissions.
· Analysis of South Africa’s compliance with its international and regional human obligations.
· Drafting of NHRI reports to international and regional human rights bodies.
· Providing advice and opinions on cases, findings, court judgements etc. from a legislative and international perspective.
· Comparative research
Achievements
· Commenting on draft legislation to strengthen human rights in South Africa.
· Participating in public participation processes and advocacy initiatives related to law reform.
· Liaising with parliamentary committees and ensuring the submission of SAHRC reports and key findings which could be used as a basis to enhance parliamentary oversight.
· Promoting the ratification of international and regional human rights instruments and advocating for these instruments to be implemented at the domestic level.
· Publication of the SAHRC’s Annual International and Regional Human Rights Report.
· Preparation of SAHRC report to the UN Human Rights Council under the Universal Periodic Review Mechanism.
· Drafting of the SAHRC’s NHRI Report to the UN treaty bodies and African regional structures.
· Monitoring the government’s implementation of recommendations issued by these bodies.