The intersection between human rights and company regulation in South Africa: Reflections on Ndamase v Commissioner: Private Inquiry into the affairs of SNS Holdings
Posted: 24 July, 2025 Filed under: Siyabonga Nyezi | Tags: Companies Act, Companies Act of 2008, constitution, Ndamase v Commissioner: Private Inquiry into the affairs of SNS Holdings (2023-019694) [2024] ZAGPPHC 407, religious institutions, right to freedom of belief, right to freedom of conscience, right to freedom of opinion, right to freedom of religion, SNS Holdings (Pty) Limited, South Africa 1 Comment
Author: Siyabonga Nyezi
University of the Witwatersrand
The Constitution of South Africa confers upon all people the right to freedom of conscience, religion, belief, and opinion. It is unlikely that, when drafting section 15 of the Constitution, the legislature contemplated that this right would make its way into disputes relating to the regulation of companies. The facts in the recent case of Ndamase v Commissioner: Private Inquiry into the affairs of SNS Holdings (2023-019694) [2024] ZAGPPHC 407 put to bed any doubts in that regard. My reflections on this decision in this article examines the limitation of human rights by the provisions of section 417.
Approval of special leave for ukuthwasa by the City of Tshwane signifies a notable transformation in employment law in relation to the recognition of African spirituality.
Posted: 5 June, 2025 Filed under: Kodisang Bokaba, Konanani Happy Raligilia, Rorisang Thage, Tendani Musekwa | Tags: African customary law, African People, ancestors, and traditional learning journey, City of Tshwane, Dlozi, Indigenous practices, initiation process, labour laws, medications and herbs, paid academic leave, progressive development, Sedimo, South Africa, special leave, spiritual calling, traditional healers, ukuthwasa, Vhadzimu Leave a comment|
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Konanani Raligilia |
Kodisang Bokaba |
Rorisang Thage |
Tendani Musekwa |
The City of Tshwane has recently approved a policy that provides special leave for employees who need to undergo ukuthwasa. Ideally, ukuthwasa is a process that involves the spiritual calling of people who were chosen by the ancestors to undergo the initiation process, which results in becoming traditional healers. This is a significant approval in South Africa, especially from a government institution. The announcement is a positive and progressive development from an employment law perspective. It also aligns with the Constitution’s values, recognising African customary law and indigenous practices. It addresses the issues related to the Indigenous practices of African people, particularly concerning the ongoing victimisation of those undergoing spiritual training. In contrast, individuals who pursue Western academic training continue to enjoy a recognised status in the workplace. We must shift our perspective to recognise that while the matter at hand is spiritual, the ukuthwasa journey is centred on learning. Therefore, it is important first to define and clearly understand what a spiritual calling is.
Decolonising “African values”: The future of LGBTQ+ pride and rights
Posted: 31 October, 2024 Filed under: Lesego Sekhu, Namatirayi Ngwasha | Tags: ACHPR, African Commission of Human and Peoples’ Rights, African countries, African values, anti-rights groups, discrimination, homophobia, homosexuality, human rights violations, LGBTQ+, political persecution, Pride Month, sexual orientation, social exclusion, South Africa Leave a comment
Author: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation
October marks Pride Month in South Africa. Historically, Pride in this country and, more broadly, the rest of the continent has been used for political advocacy, protesting against discrimination and political persecution, and reaffirming LGBTQ+ people’s rights. In the spirit of “leaving no one behind”, this year, our Pride agenda should include radical solidarity with LGBTQ+ people in other African countries who face a growing anti-rights movement specifically targeting LGBTQ+ and other sexually diverse and gender-diverse people.
Practical challenges facing National Human Rights Institutions (NHRIs) in Southern Africa: A case of South Africa and Zimbabwe
Posted: 28 October, 2024 Filed under: Namatirayi Ngwasha, Zororai Nkomo | Tags: constitutionalism, corruption scandal, democracy, financial constraints, human rights, jurisprudence, Lancaster House Constitution, Lawrence Mushwana, National Human Rights Institutions, Nkadla debacle, Oilgate Scandal, Paris Principles, political interference, South Africa, Zimbabwe, Zimbabwe Human Rights Commission, Zimbabwe Human Rights Commission Report Leave a comment
Author: Zororai Nkomo
Centre for Human Rights, University of Pretoria
Introduction
The world over, states have the primary responsibility of ensuring that human rights are respected, protected and fulfilled. As entities who negotiate and ratify international human rights instruments, and they must create safeguard mechanisms for people to enjoy these rights.[1] States often establish national human rights institutions in line with the Paris Principles as part of the institutional architecture for the fulfilment of their international human rights obligations. In this regard in 2014, the South African Human Rights Commission Act 40 of 2013 was enacted to replace the Human Rights Commission Act 54 of 1994.[2] The coming into force of this new Act witnessed the expansion of the powers of the commission in line with the Paris Principles.
The Impact of Digitisation of Asylum Seeker Systems in South Africa: Challenges and Opportunities
Posted: 4 October, 2024 Filed under: Zekhethelo Cele | Tags: access to smartphones, anguage barriers, anti-migrant sentiments, asylum seeker, asylum seeker management system, Asylum Seeker Systems, digital illiteracy, online renewal system, Refugee Act, Refugee Visas, South Africa, technological literacy, United Nations High Commissioner for Refugees, user-friendly online application system 2 Comments
Author: Zekhethelo Cele
LLM Candidate, Centre for Human Rights, University of Pretoria
The South African asylum seeker management system has faced intense scrutiny in recent years, grappling with the challenges posed by an overwhelming number of applications. The Department of Home Affairs (DHA) has acknowledged its struggle to accommodate the influx, prompting various interventions from the international community, including the United Nations High Commissioner for Refugees (UNHCR), aimed at alleviating this crisis.
In the wake of the COVID-19 pandemic, Refugee Reception Offices (RROs) were slow to reopen fully, leading to the introduction of an online application process. Initially, this system was designed to assist those already holding Temporary Asylum Seeker or Recognised Refugee Visas. However, it quickly became apparent that this shift created significant barriers for many in the refugee community. A substantial portion of visa holders lacked access to smartphones or the technological literacy required to navigate the online renewal system, leaving them vulnerable and frustrated.
Enhancing Access to Information through Community Media in South Africa
Posted: 28 August, 2024 Filed under: Hlengiwe Dube | Tags: Access to Information, accessibility, accurate information, community broadcasters, Community Media, cultural practices, Declaration of Principles on Freedom of Expression and Access to Information in Africa, democratic participation, diversity, essential information, inclusivity, informed decision-making, International Federation of Journalists, linguistic preferences, local issues, mainstream media, religious information, right to freedom of expression, South Africa Leave a comment
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
Introduction
South Africa’s community media sector plays a crucial role in addressing the diverse needs and interests of its various geographic and interest-based communities by ensuring access to relevant and accurate information. These media outlets are dedicated to developing and disseminating content that reflects local issues, cultural practices, and linguistic preferences. This localised approach ensures that content is tailored to the immediate needs and interests of specific communities, which is vital for community engagement and empowerment. By focusing on the specific concerns and interests of their audiences, community media provides essential information that might not be covered by mainstream media, reinforcing the public’s right to access crucial information. This access supports informed decision-making and strengthens local identity, promoting active civic participation and contributing to the overall resilience and cohesion of the community.
Misinformation and disinformation in the digital age and its impact on the information ecosystem
Posted: 5 August, 2024 Filed under: Nomyezo Mqhele | Tags: accurate information, credible information, discrimination, disinformation, farm attacks, freedom of expression, Freedom of Reach, freedom of speech, heavy social media dependency, human rights violations, imposter content, information disorder, information ecosystem, misinformation, reliable news, scams, social media, South Africa, traditional media, white genocide Leave a comment
Author: Nomyezo Mqhele
Multi-disciplinary human rights lawyer
Traditional media has been replaced with social media as a source of reliable news.[1] South Africa has reached 26 million social media users as of January 2024.[2] This represents a three-fold increase from 9.8 million users in 2014 and highlights the increasing dependence of people on social media instead of traditional media.[3] This heavy social media dependency creates space for information disorder to filter through. The pervasiveness of information disorder presents a serious threat to the information ecosystem, and to society, as it has the potential to significantly alter beliefs, behaviors and policy. Such information is rarely false, but it is used to distort understanding by including elements of accurate and inaccurate claims, making it complicated to judge fair and accurate information.
Beyond Crisis: The State of Access to Information and the Internet for Rural Dwellers in South Africa
Posted: 1 July, 2024 Filed under: Ompha Tshamano | Tags: Access to Information, access to socio-economic rights, apartheid, ATI, digital communication, digital divide, digital technology, fundamental human rights, ICT, internet, post-apartheid, real-time information, right to access information, right to information, rural communities, social media, socio-economic underdevelopment, South Africa 7 Comments
Author: Ompha Tshamano
Project Associate, Centre for Human Rights, University of Pretoria
1 Overview
South Africa has a long history of socio-economic underdevelopment, largely resulting from the sustained effects of apartheid. Despite the end of apartheid, the position of rural communities in South Africa remains precarious, with limited access to resources and infrastructure. The creation of Bantustans during apartheid further exacerbated economic disparities amongst different racial groups, leading to poverty, inequality, and unemployment. Slow technological adoption and development in South African rural areas also contribute to limited access to information and restricted opportunities. This situation has resulted in the maintenance of the status quo, with socio-economic underdevelopment and inequality continuing to be major challenges in post-apartheid South Africa. In this context, this article seeks to critically examine the state of access to information for rural dwellers in South Africa and the initiatives being taken to improve this situation.
South Africa at 30: Navigating the legacy of policy versus lived realities
Posted: 10 June, 2024 Filed under: Naledi Joyi | Tags: apartheid, coalition government, community development, democracy, democratic principles, economic empowerment, education, equality, freedom, historical injustices, human rights violations, justice, pit toilets, serious crimes, socio-economic challenges, South Africa, structural inequalities, sustainable peace, violence 1 Comment
Author: Naledi Joyi
Gender Officer, Centre for the Study of Violence and Reconciliation
After three decades of democracy, South Africa stands at a crossroads grappling with the interplay between policy aspirations and lived realities of the majority of the black population. The country boasts one of the most progressive constitutions globally because it is based on equality, freedom and justice. Yet the lived realities of its citizens leave one asking ‘what good is a constitution if it cannot be implemented?’. Although policies to address historical injustices and structural inequalities have been developed, implementation has been a challenge leaving many of the previously disadvantaged populations still disadvantaged, resulting in the country being dubbed the most unequal society in the world, with the rich getting richer and poor getting poorer. The country’s identity is closely linked with violence, entrenched in the legacy of apartheid, which used violence as a method of control.
The Status of Citizenship for Black Women in Post-Apartheid South Africa
Posted: 13 May, 2024 Filed under: Lesego Sekhu, Sinqobile Makhathini | Tags: African feminists, African women, apartheid, “face of poverty”, black women, discrimination, economic exploitation, heteropatriarchal systems, historical injustices, inequality, national oppression, post-colonial identity, racial division, South Africa, unemployment, women's rights 1 Comment |
Author: Lesego Sekhu Research Assistant, Centre for the Study of Violence and Reconciliation |
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Author: Sinqobile Makhathini Research Assistant, Centre for the Study of Violence and Reconciliation |
As we reflect on the celebration of International Women’s Month in March and motion towards the upcoming 2024 elections, which will be held on 29 May 2024, it is a significant time to critically reflect on Black women’s citizenship and positionality in post-apartheid South Africa.
Brief history
Historically, Black people have experienced second-class citizenry within the social, economic, and political landscape of South Africa. During apartheid, racial division was the primary strategy of ‘otherness’ that was exemplified by racialised citizen status that was reserved for white races, while the Black majority were systemically excluded from the imagination of the state. Equally, gender played a role in the divisions of labour, access to resources, and experiences of systematic violence that show apartheid as equal parts racial and equal parts gendered.
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