The South African Human Rights Commission (SAHRC) has issued stern warning following controversial statement made by Member of Parliament, Advocate Busisiwe Mkhwebane.
In her statement, Mkhwebane criticized the judiciary and alleged persecution by key figures of South Africans of Indian descent.
This follows Mkkhwebane’s unsuccessful appeal bid in the Supreme Court of Appeal.
The SAHRC has noted the concerns raised by members of the judiciary, academia, civil society organizations, and society at large about the racial undertones of Mkhwebane’s statement.
While the Commission acknowledges judiciary is not above criticism, it emphasises that such criticisms must be within ambit of the law.
SAHRC reminds public that the right to freedom of expression, as enshrined in the Constitution, must be exercised with due regard to the rights of others and the limitations of that right. Section 16(1) of the Constitution specifically prohibits the advocacy of hatred based on race, ethnicity, gender, or religion, as well as incitement to cause harm.
The Commission is closely monitoring the situation and has taken note of reports that some interest groups may approach the SAHRC for intervention.
The SAHRC reaffirms its commitment to protecting the rights to equality, dignity, and justice as enshrined in the Constitution, including the responsibility to protect the judiciary as one arm of the state.
As the matter continues to develop, the SAHRC urges the public to refrain from divisive and discriminatory rhetoric. Public representatives are reminded of their constitutional obligation to act in a manner consistent with their oath of office, particularly when making statements that have the potential to bring the judiciary into disrepute and stir further division in society.
SAHRC calls for responsible and respectful dialogue, emphasising the importance of upholding the principles of equality, dignity, and justice in our society.
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