Countries Near South Africa

The government’s inability to address critical socio-economic and political rights issues such as unemployment, corruption, and threats to freedom of expression remains a concern for many South Africans. In May 2014, President Jacob Zuma and the African National Congress (ANC) won a second term in office, but the majority victory was marred by the report of the public protector, Thuli Madonsela, accusing the president of misusing state funds for a security upgrade to his private residence in Nkandla, Kwa Zulu Natal.

South Africa also largely failed to utilize its membership at the United Nations Human Rights Council to support resolutions that would have helped the promotion and protection of human rights in various countries, most notably in North Korea, Syria, Sri Lanka, and Iran.

Police Conduct

Serious concerns remain about the conduct and capacity of the South African Police Services (SAPS), both in terms of the use of force in general, as well as the ability to deal with riots in a rights-respecting manner. The police lack proper equipment and training to quell riots which often leads to the use of excessive and disproportionate force.

In 2014, incidents of police violence were reported in Mothutlung in Brits, North West province, Relela in Kgapane, Limpopo province and Bekkersdal in Gauteng province. In January 2014, police killed three people during a protest over lack of water in Mothutlung.

In March 2014, the Independent Police Investigation Department launched an investigation into a video that showed an incident of police officers assaulting, stripping, and humiliating a man before dragging him on the sidewalk into a police van during an apparent arrest in Kensington, Cape Town. The officers were later arrested and charged with assault with intent to do grievous bodily harm.

Inquiry into Killing of Marikana Miners

Hearings by the Farlam Commission into the deaths of 44 people, including the police killing of 34 miners between August 11 and 16, 2012, continued throughout the year. Those called to testify before the commission included Deputy President Cyril Ramaphosa and the National Police Commissioner Riah Phiyega. The commission has faced significant delays due to loss of vital documents (including video evidence), the death of witnesses, and a legal battle over state funding for lawyers representing the families of the miners killed, injured, and arrested. In September, the president extended the term of the commission to March 2015.

Refugee, Asylum Seeker, and Migrants’ Rights

In August 2014, the Department of Home Affairs announced the creation of the new Zimbabwean Special Dispensation Permit of 2014 (ZSP), to replace the 2009 Dispensation of Zimbabweans Project. In a move that grants further protection to Zimbabwean nationals who received permits under the previous dispensation, the ZSP will allow permit-holders to live, work, conduct business and study in South Africa, for the duration of the permit, which is valid until December 31, 2017.

However, concerns remain about the treatment of migrants, refugees, and asylum seekers by government officials from various departments. The right to access health care services is constitutionally guaranteed for everyone living in South Africa, and by the National Health Care Act and the Refugee Act. But local nongovernmental organizations expressed concern that many asylum seekers were denied access to health care services as officials were not aware that asylum seekers were entitled to health care.

On June 19, 2014 security officials and police used excessive force to control a crowd of foreign nationals who were attempting to renew their permits at Marabastad reception office in Pretoria. Security officials and police attacked the unarmed crowd with whips and pepper spray.