Corruption and nepotism are affecting service delivery in South Africa, Amnesty International said on Thursday.
“Corruption and nepotism impeded community access to housing and services, and led to the collapse of some municipal governments and to widespread protests among affected communities,” read a report by Amnesty International on human rights in South Africa.
“Persistent poverty, rising levels of unemployment, and violent crime, together with the crisis in the public health sector, posed significant challenges for the new government.”
The report, entitled The Amnesty International Report 2010: State of the World’s Human Rights, said political developments continued to affect the independence and integrity of the administration of justice.
It singled out as examples the withdrawal of corruption charges against President Jacob Zuma, the acquittal of Western Cape Judge President John Hlophe by the Judicial Service Commission and the appointment of Menzi Simelane as National Prosecuting Authority head. It also noted the trial of ANC Youth League president Julius Malema in the Equality Court for remarks he made regarding women who claimed to be raped, and said this had negative implications on the rights of women and girls.
Xenophobic attacks
Amnesty also made mention of xenophobic and ethnic attacks against Mpondo members of shackdwellers’ movement Abahlali baseMjondolo, in Durban’s Kennedy Road informal settlement.
In September, members and leaders of Abahlali fled their homes after attacks. In the aftermath, their homes were destroyed and further violence was threatened.
The report noted that while 13 Abahlali supporters were arrested in connection with the two men killed on the night of the attacks, no charges were brought against anyone for the attacks on Abahlali.
The report also mentioned that in the context of this violence, Abahlali had won an important case in the Constitutional Court that declared part of the Slums Act “inconsistent with the Constitution”.
“Despite the impact of their successful litigation, Abahlali’s community-based work remained severely disrupted by the violent events in September,” read the report.
The only xenophobic attacks mentioned by name were violence in De Doorns in Western Cape, Balfour in Mpumalanga and Polokwane in Limpopo.
“The police response to incidents varied from complicity or negligence to, in some cases, a visible effort to prevent violence from escalating.”
Amnesty made mention of Zuma’s public condemnation of the violence and creation of a plan to deal with xenophobia.
It also noted the home affairs department had introduced 90-days of visa-free entry for Zimbabweans coming into South Africa and immigration permits for those already in the country.
However, “the permits not been implemented by the end of the year”.
Amnesty also pointed out that the “abrupt” closure of the Musina showgrounds had resulted in several thousand Zimbabweans seeking shelter at the Central Methodist Church in Johannesburg “with the authorities failing to meet their humanitarian needs”.
Torture, executions
Police actions and criminal justice also came in for scrutiny. According to Amnesty, several accusations of torture and “extra-judicial executions” have been made against the police.
Using information from the Independent Complaints Directorate, Amnesty said deaths in custody had risen 15% in 2009, with KwaZulu-Natal seeing a spike of 47%.
It also mentioned Sidwel Mkwambi, who died in police custody in February in Bellville, Cape Town. Police claimed he jumped out of a moving vehicle. His injuries were not consistent with this explanation. Also killed while trying to escape was an alleged car hijacker whose death did not match police reports. Police claimed he jumped on to an electric fence, but his body showed no signs of electrocution.
Many others have complained of torture.
“Suspects in several cases were interrogated and assaulted while held without any record of arrest.
Amnesty said in its report South Africa had not ratified the United Nations’ Optional Protocol Against Torture.
On a more positive note, the report said South Africa had committed itself to act on a warrant issued by the International Criminal Court against Omar al-Bashir, the president of Sudan. – Sapa