/ 1 January 2002

New human rights commissioner appointed

Jody Kollapen has been appointed the chairman of the South African Human Rights Commission (SAHRC) which began a new seven-year term on October 1, a commission representative said on Thursday.

He was unanimously elected at a meeting of commissioners earlier in the day.

Meanwhile, the Democratic Alliance (DA) has written to National Assembly Speaker Dr Frene Ginwala to complain about President Thabo Mbeki’s failure to appoint candidates recommended by Parliament as human rights commissioners.

Earlier this week, the justice ministry said Mbeki had only appointed six existing human rights commissioners, and not the five additional members recommended by Parliament.

This was due to financial constraints. The commission used to comprise seven full-time and two part-time commissioners, but has been reduced by Mbeki to five full-time members and one part-time member.

In terms of the Constitution, there must be a minimum of five, but no more than 11 commissioners. DA representative Dene Smuts said it was ”profoundly problematic” that the president had appointed only the six sitting commissioners.

”It is in our view well established by now that the President does not have a discretion in appointing the names recommended by Parliament for the Chapter Nine institutions under section 193 of the Constitution …” The section made it clear the president ”must appoint”, Smuts said.

”It stands to reason that the full list must be appointed, since committees in these cases look carefully at the combined requisite skills and broad representivity.” The omission of Dr Saths Cooper from the appointees was one example, she said.

”He holds a position of influence in the medical field and was a particularly popular and appropriate choice at a time when the socio-economic rights in respect of health are so pressing.

”In fact, had Parliament been limited to a choice of six persons I have no doubt that the committee would have chosen him over a sitting commissioner,” Smuts said. – Sapa