The right to demonstrate, picket and petition is fundamental in a constitutional democracy, and continues to play an important role in advocating for change in our Country. While the Commission is supportive of students exercising their right to protest, it reiterates that this right is not absolute and must be exercised peacefully and in a manner consistent with the law and Bill of Rights.

The SAHRC is also extremely concerned over allegations of the heavy-handedness of security personnel during student protests, including allegations of the use of live ammunition and excessive use of force at the University of the Free State (UFS), QwaQwa Campus. The SAHRC calls on security personnel to be vigilant and conduct activities in a manner that is compliant with the right to life; human dignity; freedom and security of persons, and does not unduly suppress the legitimate exercise of the right to protest. The SAHRC, through its Provincial Offices, shall continue to monitor the situation. Accordingly, all parties, including security personnel, must refrain from violence, intimidation, excessive use of force, and the destruction of property.

Commissioner André Guam has engaged with Vice Chancellors of the University of Cape Town, Dr Max Price, and Cape Peninsula University of Technology, Dr Chris Nhlapo, to discuss the ongoing student protests and measures in place to ensure that students are not disadvantaged by the ongoing protests. The SAHRC has offered to facilitate engagements between University Management and student representatives with a view of protecting and promoting the realisation of the rights of all persons, and shall monitor the situation on the ground.

The Commission is cognisant of the multiple challenges in achieving transformation and equitable access to higher education in South Africa, including the difficulties faced by a large number of students in relation to the affordability of tertiary education. The Commission therefore supports the call for the expedited public release of the Fees Commission report, and for parties to collectively engage on the contents of the report in a peaceful manner with a view of identifying sustainable solutions to progressively realise the right to higher education in South Africa. In this regard, the SAHRC will seek engagements with Universities South Africa as well as the Honourable Minister of Higher Education and Training, Hlengiwe Mkhize.  

The SAHRC recognises the systemic and deep-rooted challenges and inequalities that have given rise to student protests at tertiary institutions over the last few years. While equitable economic access to tertiary education is a key factor in driving change, mechanisms put in place must seek to address the multiple systemic challenges hindering substantive transformation at a broader level.

The SAHRC appeals for the ongoing cooperation of all stakeholders in addressing these challenges with a sense of urgency, but calls for the responsible exercise of rights and for normality of classes, learning and teaching to be restored to prevent additional hardships to students as well as other affected persons.

Ends

Issued by the South African Human Rights Commission
Gail Smith – Spokesperson Tel: 0609883792 This email address is being protected from spambots. You need JavaScript enabled to view it.