Parliament, Wednesday, 4 December 2024 – The Portfolio Committee on Justice and Constitutional Development today conducted an oversight visit to the South African Human Rights Commission’s (SAHRC) offices in Cape Town for an engagement with SAHRC management and staff after receiving numerous complaints about an alleged toxic environment at the commission.
Committee Chairperson Mr Xola Nqola said the committee now has a clearer understanding of the challenges at the SAHRC but reminded the SAHRC staff and commissioners that they should put South Africans first. “There is clearly a lot of institutional knowledge at the institution, as the majority of staff have been serving the Commission for many years. Currently, that knowledge is not being utilise to the benefit of South Africans, as we can clearly see from the dismal performance of the Commission in its annual report.”
Today, during an oversight visit to the SAHRC offices, the committee first met with the Provincial Manager, Ms Zena Nair, the SAHRC Chairperson, Rev Chris Nissen, and Commissioner Mr Aseza Gungubele to gain an understanding of the SAHRC’s work in protecting and advancing human rights.
Ms Nair informed the committee that, after being off work for about a year for medical reasons, she returned to an organisation whose performance had deteriorated in her absence. She confirmed that five staff members have instituted a collective grievance against her, mainly relating to her management style and the work environment. The matter is set down for February next year. Ms Nair also confirmed that there are divisions in the office and concurred with the general view of a “toxic environment” in the institution. This is mainly due to some staff not wanting to work and some who were against her appointment as provincial manager, she said.
During the second meeting, the committee spoke with members of SAHRC staff, some of whom described low staff morale and a rigid management style, saying it is difficult for them to come to work every day. One staff member accused Rev Nissen and Commissioner Philile Ntuli of misconduct and called for a Section 194 Enquiry to remove them from office. Other staff members opted not to speak about the challenges, while some felt that despite the challenges, they are there to work and are able to engage with Ms Nair when they do not agree with her.
The committee had concerns regarding a staff meeting called last month by Rev Nissen in which he reprimanded them for complaining to Parliament, thereby putting the SAHRC in a bad light. “They have followed internal processes so clearly and were not happy. So they felt the need to approach their public representatives. There is nothing wrong with that,” said Mr Nqola.
Mr Nqola continued: “If the committee was ever in doubt about the divisions in the commission, that doubt was erased today. It is clear as daylight that an intervention is required, as the team is divided; divided amongst themselves but some also against the provincial manager.”
In conclusion, Mr Nqola said that the call for a Section 194 intervention should be only as a last resort. “That is a serious process and should only be followed once all other avenues have been exhausted. We need to stabilise the Commission,” he noted.
The committee will resume its oversight programme by visiting the SAHRC headquarters in Johannesburg on Friday.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES, MR XOLA NQOLA.
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