1. One of the most striking aspects of the three Chapter Nine institutions is that their recommendations are not binding or enforceable against the state. They are merely advisory. This means that in practice, state departments may choose to either implement or ignore such recommendations in the absence of threats of litigation by the constitutional bodies.

2. The Chapter Nine institutions have not used their powers of subpoena and litigation effectively. It is vital for these bodies to make more and better use of these powers in order to put pressure on the state to deliver on its political, social and economic obligations.

3. The Chapter Nine institutions are more reactive rather than proactive in their work. A perception exists among many community members that the Human Rights Commission only reacts after issues of human rights violations have been highlighted in the media. On the other hand, the Commission for Gender Equality and the Public Protector are largely invisible at the local level.

4. There are no indicators or benchmarks used by the Human Rights Commission to measure the state’s progress in realising social and economic rights (e.g. shelter, food and health care).

5. The Commission for Gender Equality needs a stronger and more unified leadership in order to increase both its efficiency and visibility. Its commissioners lack a common agenda and this has contributed to the Commission’s lack of clarity regarding its identity and role on matters of gender advocacy in South Africa.

6. A strong perception exists that the Public Protector only handles high profile political cases, and has little regard for ordinary matters.

7. There is potential overlap in the work of these Chapter Nine institutions and particularly between the work of the Human Rights Commission and that of the Commission for Gender Equality.

8. Many provincial offices of the Chapter Nine institutions lack sufficient financial and human resource capacity.

9. The appointment process for commissioners is dominated by the ruling African National Congress which leads to a perception that the commissions are not completely independent of government influence.

10. Funding for the Chapter Nine institutions is transferred from parliament through the Department of Justice to the commissions. This has resulted in many respondents arguing that this funding model compromises the independence of the institutions.

11. The Chapter Nine institutions are not accessible to the majority of people particularly in the poor, rural and marginalised areas.

12. Relations between the Chapter Nine institutions and civil society organisations are informal, ad-hoc and weak.

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by James O Gump, Professor of History, University of San Diego (2006)

Abstract:

In an era in which domestic spying, indefinite detention, and legally-sanctioned torture are employed in the interests of "national security", a brief review of South Africa's transition from apartheid to democracy might serve as an important reminder of the dangers of an unfettered state security apparatus. One of the key episodes in the South African transition was the establishment of the Standing Commission of Inquiry Regarding the Prevention of Public Violence and Intimidation—also known as the Goldstone Commission—in October 1991. Led by Justice Richard Goldstone, who has also served as the chief prosecutor of the International Criminal Tribunals for Yugoslavia and Rwanda, the Goldstone Commission made the first major breakthrough on third force activities of South Africa's security forces carried out in the 1980s and early 1990s. Specifically, the Goldstone Commission unveiled the operations of Vlakplaas, a unit of the South African Security Police that utilized surrogates to commit political murders during apartheid as well as during the transition to democracy. These revelations pierced the seemingly impregnable edifice of South Africa's state security establishment and facilitated the transition to democracy in April 1994. The Goldstone Commission's focus on shedding light on gross human rights violations also set the stage for the national Truth and Reconciliation Commission, which met between 1995 and 1998.

This paper, based in part on an examination of the original reports of the Goldstone Commission housed in the Human Rights Institute of South Africa, will explore the background to the third force operations of the South African military and police, investigate their special relationship with Inkatha, and assess the brief history and significance of the Goldstone Commission...

[Paper presented at the 99th Annual Meeting of the Pacific Coast Branch of the American Historical Association, Stanford University, Palo Alto, California, 5 August 2006.]

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by Jacquelyn Béasse, Canadian intern (2004)

Abstract:

In September 2000, 189 member states of the United Nations committed themselves to the Millennium Declaration addressing the debilitating effects of poverty around the world. The Declaration set a target date of 2015 to achieve the following Millennium Development Goals:

 • eradicate extreme poverty and hunger;

 • achieve universal primary education;

 • promote gender equality and empowering women;

 • reduce child mortality;

 • improve maternal health;

 • combat HIV/AIDS, malaria and other diseases;

 • ensure environmental sustainability;

 • develop a global partnership for development.

Recognising the international importance of achieving gender equality in education, governments set an earlier target of 2005 to achieve this goal, and the United Nations Children's Fund (UNICEF) subsequently titled its 2004 The State of the World's Children report "Girls, education and development". The year 2004 also coincided with the 10th anniversary of South Africa’s first democratic elections. Since 1994, South Africa has undergone profound political, economic and social change. And yet, while much has been written on education and the girl-child at an international level, this topic has been addressed less frequently at the South African level. As a result, this paper weaves international and national policies with case studies, research, and statistics to provide an analysis of "girls, education and development" in South Africa since 1994.

This paper begins from the premise that for girls' development to occur, poverty and disparity must be levelled and barriers to accessing basic services must be removed. In South Africa, the three basic services of education, health and water are constitutionally guaranteed rights that are inextricably linked to girls' development. Thus, an inability to access running water in schools, for instance, can pose a significant health threat and impede learning. The following analysis argues that the South African government's pursuit of cost recovery policies since 1994 has impaired its ability to equitably deliver education, health and water services. The result is that applying market principles to service delivery prevents vast numbers of people from accessing not only basic services, but also constitutionally guaranteed rights. This is simply untenable in a country like South Africa where devastating inequalities created under the apartheid system persist. Considering UNICEF's focus on "girls, education and development", particular attention will be paid to the disproportionate effects that inaccessible services have on the opportunities available to the girl-child. The roles of the public and private sectors in providing basic services and upholding human rights will also be addressed.

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by Farida Dollie, Researcher, (2001); Updated 2002

Abstract:

This Manual is a step-by-step guide for facilitators/trainers working with women's rights and or human rights in South Africa. The goal is to support training activities by providing tested approaches, activities and information on gender and women's rights.

It gives information on the international, regional, conventions and declarations guaranteeing human rights to all irrespective of sex or gender i.e. guarantee that women and men have equal rights, and that women's rights are human rights.

It also gives information on the South African constitution, the Bill of Rights and specific legislation designed to advance the rights of women and prohibit unfair discrimination.

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by Institute for the Study of Public Violence, (1994)

Abstract:

Mass gatherings and demonstrations have assumed a position of great prominence in South Africa's political landscape. Since the legislative birth of Apartheid thousands of disenfranchised citizens have gathered in numbers to register their objection to governmental actions which have denied them their fundamental human rights. Public gatherings have therefore become historically associated with the deep conflict which has existed between the government and the majority of South Africans. Consequently the government has, in the past, greeted mass demonstrations with antagonism and sought to prohibit those which question either its authority or its policies. Furthermore, the security forces have on countless occasions resorted to armed? and at times deadly force, to prevent gatherings from occurring.

The birth of a new South Africa in which fundamental human rights are constitutionally protected, affords a democratic government the opportunity to develop an altogether new approach to mass gatherings. Instead of viewing protests and demonstrations with suspicion, a new government can embrace them as a necessary and important part of a vibrant democracy. Instead of forcibly dispersing those who gather to articulate their views, local authorities in conjunction with the security forces, can facilitate their movement so as to prevent harm and inconvenience to both protesters and the general public alike.

The birth of a democratic order does however present its own set of difficult dynamics. While mass gatherings aimed at registering some form of complaint against the government will always occur, demonstrations which seek to protest against the actions and policies of other parties and groupings are now likely to occur more often. The tragic events in Johannesburg on 28 March 1994, less than a month away from the April elections, have revealed the palpable dangers associated with public gatherings during volatile times of change. On that day thousands of supporters of the Zulu king converged on the city centre to display support for the constitutional recognition of the king in a democratic South Africa. Fifty five people died in violence associated with the gathering, sending shock waves throughout the country and the international community. This demonstrates again how vitally important it has become to implement a just and responsible system to regulate public gatherings.

The Regulation of Gatherings Act No. 205 of 1993 is an attempt to devise such a system. The Act is a product of a process embarked upon by the Goldstone Commission. The Commission established a committee to consider and report on: the procedures to be followed in the planning of a gathering, the procedures which organisers should follow before, during and after gatherings, the norms of behaviour of the participants in the gathering, the role of the police and security forces and the adequacy of present legislation relating to mass gatherings. The Committee then appointed an International Panel of Experts to assist them in their research. The International Panel then published a set of suggestions with regard to the holding of public gatherings which the Committee in turn converted into a draft bill. The Bill was circulated for public comment, subsequently amended, and was promulgated on 28 January 1994 in the Government Gazett (No. 15446)...

This paper is designed to perform two tasks. The first is broadly informative. It is designed to inform key actors involved in the organisation, planning and control of public gatherings of their respective rights and duties. It will outline the important provisions of the Act and provide an overview as to how the Act will work in practice. The second task is more analytic. The Act will be examined in the context of the current social and political conditions in which it will be implemented. It will be considered whether it has managed to straddle the often competing considerations of the right to demonstrate and the rights of the public at large. This section will probe whether the Act takes sufficient cognisance of the volatile conditions likely to exist in the run-up to elections and beyond.

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by Mark Shaw and Jamie Miller, Institute for the Study of Public Violence, (1994)

Abstract:

Violence on trains in the PWV region of South Africa has claimed over 515 lives in the past two years. Very little, however, has been specifically written about violence on the trains. The two Goldstone Commission reports on the subject are a noticeable exception to this. Further, since the Commission has the investigative power and ability to suggest recommendations to end violence, the recommendations of the Commission's train reports need to be examined in some detail.

The first interim report was released by the Commission in July 1992 and the final report in May 1993. Thus, to date, there has been a considerable period of time in which the recommendations could be implemented. But, have the recommendations made by the Commission in regard to train violence been seen as appropriate by those directly engaged in ending the violence? Alternatively, have the parties concerned had access to the recommendations? And importantly, to what degree have the recommendations been implemented at all?

The aim of this report then is largely three fold: to provide a brief outline and explanation of the violence on the trains in the PWV since 1990; to offer a detailed examination of the extent to which the recommendations of the Goldstone Commission in relation to train violence have been followed up; and more generally, since much of what the report covers is ongoing, its contents should not be seen as a definitive outline of the subject, but rather a contribution to the ongoing debate.

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