SOUTH AFRICAN HUMAN RIGHTS DAY A BEACON FOR DEVELOPMENT AND HUMAN RIGHTS PRACTICES IN SOUTH AFRICA

“‘Any man who afflicts the human race with ideas must be prepared to see them misunderstood” – H.L Mencken

Human rights concept first found resonate in the Universal Declaration of Human Rights in 1948. The Universal Declaration of Human Rights, was adopted by the United Nation General Assembly in December 1948. It was the first comprehensive human rights instrument to be proclaimed by a global international organization.  The Declaration ranks with the Magna Carta, the French Declaration of the Rights of Man and the American Declaration of Independence as a milestone in mankind’s struggle for freedom and human dignity in the following manner.

1.

Article 1:

“All human beings are born free and equal in dignity and rights.”

Article 28:

“Everyone is entitled to social freedoms set forth in this Declaration can be truly realized.”

2.

South Africa in the post – apartheid political administration was greatly influenced by the Universal Declaration of Human Rights as enshrined in chapter two of the Constitution Act 108 of 1996. On the 21 March 2024, South Africa was celebrating a “Human Rights Day” and heal the divisions of the past and establish a society in which government is based on the will of the people and every citizen is equally protected by law.”

“Improve the quality of life of all citizens and free the potential of each person and build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations”.

3.

Nelson Mandela in his reception dinner in a Board Meeting, Tunis, Tunisia 24 March 2004 said the following ‘we now live in a constitutional state based on the protection and promotion of basic human rights, a state in which the protection of human right dignity stands supreme, and in which the Constitution guards over such fundamental values as equality, non-racialism, non-sexism and the rights of all citizens’.

4.

Former President Thabo Mbeki in his address at the South African Human Rights Commission [SAHRC] commemoration on the 15 March said that ‘the fact that the conference is taking place to discuss, among others, the issue of racism, and national reconciliation and nation building, constitutes a justifiable acknowledgement that South Africa has still not accomplished the objective stated in the Constitution of building a new South Africa based on the values of non-racialism and non-sexism. He said that South Africa is a country of two nations – one is white and wealthy, and the other one is black and poor.”

5.

On the 21 March 2024, in almost thirty years of constitutional democracy South Africa celebrated its Human Rights Day. In April 2024, South Africa will be celebrating its thirty years of constitutional democracy. The conundrum that is pertinent and still lingers over many ordinary South Africa citizens – is to what extent have human rights find its full expression in the daily lives of ordinary citizens in South Africa in the thirty years of constitutional democracy. In the context of both former President Nelson Mandela and Thabo Mbeki to expositions to what extent has South Africa traverse to deal with critical questions of two nations, non-racialism, non-sexism, social cohesion, land ownership, poverty, underdevelopment, unemployment and the scourge of corruption.

6.

There is absolutely no doubt the above-mentioned variables are critical hindrances in ensuring that human rights find full expression in the daily lives of ordinary citizens. Without any obliteration of these critical variables through policy strategic direction and state intervention human rights would remain elusive to ordinary citizens. At the fulcrum of inherent human dignity is land ownership which characterizes inherent dignity, identity, commercial agricultural farming and social cohesion. The snail pace of South Africa’s land reform programme within the thirty years of constitutional democracy signifies an uphill battle in which ordinary citizens have to climb before human rights find its full expression on their daily lives.

7.

Without any expeditious policy strategic intervention to accelerate policy implementation in various strategic sectors including the snail pace of South Africa’s land reform programme, the celebration of human rights days would be an exercise in futility. Both former President’s expostulations on the practice of human rights would remain hallow. Human rights is inherent human dignity and inherent human dignity is human rights.

Adv Nkosinathi Malgas

Advocate Malgas Foundation [NPC]

Executive Director

20 March 2024