Human Rights – Questionable in 30 Years of Freedom and Democracy

Introduction

The freedom, independence and democracy in South Africa is valued and appreciated by the majority of the country’s population, which are black, African people. On contrary their value and appreciation does not delete the fact of the inheritance of inhumane and imbalanced legacy within the socioeconomic, political, religion, cultural and education sectors, which were created since from the eras of colonialism, imperialism and ultimately the apartheid regime.

The previously created different governance systems to some extent still exist to date and reflect no prospects to be soon dismantled. The inhumanity and imbalances has for a very long time deprived majority of the population the liberty to exercise their human rights as outlined by the democratic Constitution of the Republic of South Africa.

This has resulted that even today in the era of post liberation and independence, the democratic government of South Africa is still facing problems that are of no positive signs of to be soon resolved. These problems are of education, crime, and access to justice system that is not questionable and regarded as unreliable by the public. Not until the two critical issues are addressed to the good satisfactory level of the nation, namely public education and access to credible, reliable justice system, then it will take some decades before the democratic government find permanent solutions to its challenges such of crime and public taking law into their own hands.

Why Human Rights are still questionable in 30 Years of Freedom and Democracy

The rationale to pen the document is firstly, to argue that some of the current serious social problems that are faced in the country by the local communities are to some extent caused by the justice system, which the public view it with a cynical eye. The public’s negative eye view of government and justice system is because of the continuation of the increasing of the level of crime.

Since from the dawn of democracy there has many criminal activities and public cry of government and its institutions failing to address crime. The local communities action of taking law into their own hands is a sign of how the society is undermining and disregarding of the justice system including the constitution.

The government’s efforts to resolve the crime levels within the local communities to a certain extent deserve to be appreciated. However, based on what is transpiring in the local communities there is empirical evidence that the continuing of acts of community/Mob justice is a clear significance that the majority of the nation is to some extent not satisfied in the manner the justice system and administration of the country handles criminal cases or those perceived as criminals or suspects of criminal activities.

In its efforts again, government strived to strengthen the working relation between the Community Policing Forum [CPF’S] and the police services to work closely with the people as part of strategic intervention and approach to address issues of crime and ensure that justice, law and order prevails at all times. All these efforts were because of government’s clear understanding that, failure to maintain law and order, working closely with the society stands the potential to place the country at the calamitous and unstable state. Surely, that is and will never be an experience that the government and the country would wish to learn.

The CPF ideas and ideals was to break the shackles of inherited policies which used to exclude the communities in being part of addressing crime and ensure that the principle of LET JUSTICE TAKE ITS COURSE is upheld. These ideals were necessary for the development of progressive approaches to ensure upholding to the above-mentioned principle and further set up a dialectical relationship between justice system and the public.

The continuation of the unconstitutional acts of Mob Justice and Xenophobia attacks that are not publicised, committed by the local communities signifies that indeed there is a high lack of understanding of justice processes and procedures by the masses on the ground. Therefore, there is a need of intensive public education and rooted, broaden community consultation. The known public action of petitioning always outside the courts is another sign how people do not have confidence and trust on the independency, reliability and impartiality of the judiciary or the system itself.

Dangers of not deepening efforts to address imbalances and equal rights

In particular, if in any democratic country, the majority of the population questions the justice system, then that government stands a chance of polarisation and collapse. Surely, lessons could be learned from other African counterpart’s countries. The fact that in the recent years since from 2007 to date, South African has been experiencing high number of cases of Xenophobia and Mob Justice is a reflection that the society has lost confidence in the justice system of the country. However, such should not be a quick conclusion that neither communities, individuals nor intellectuals should take, until there are concrete research findings and recommendations tabled as to where the problem lies, between all parties concerned in the justice systems of the country, referring to the Society, SAPS, NPA and Judiciary. The meetings of the mentioned parties were convened with the aim to find solutions that will result to positive impact and progress in building a better nation of South Africa that is free from crime, racism and live a free, peaceful and prosperous life.

Civil Society Organization (CSO) Sector in ensuring fair, effective, efficient and reliable Justice System and Administration in 30 years of Freedom and Democracy by: Ms Itebogeng Kgatle.

Civil Society Organization (CSO) sector has played a critical and significant role in bringing about Freedom and Democracy in our country, South Africa. The question now is, does the CSO sector still plays an important role in post democracy era especially in ensuring that citizens human rights are respected and people are treated with equality and they are serviced effectively and efficiently by the government.

Past experiences and oppressions have created a drift in the economy and distrust of people in the justice system. People have been affected by factors such as, socio-economic issues, corrupt and unfair practices within the judiciary sphere and other related clusters. Communities do not appreciate the fact that the justice system fails them. People with power and dangerous people have cosy relationships with those who are at the helm of authority do not see the doors of penitentiaries. Instead, they are always roaming freely on the streets setting a very bad example that screams "crime does pay and it pays handsomely so" This has created a drift between the community and the Judiciary sphere of the state, in actual fact it has created a significant lack of trust in the state by the people.

It is as a result, most communities resorted to resolve and combat crime through illegal practices of Mob Justices and Xenophobia attack, which in their nature they are injustices and inhuman practices. Truthfully, these mentioned practices as a means to address crime are illegal and unfair due to the fact that some people are innocent but harmed because the community deemed them liable for criminal activities with no empirical evidence.

Civil Society Organizations have developed an adulating strategy for communities. They are the voice of the people, by the people. They strive to alleviate the injustices of the past by becoming a bridge between the state and communities. They implement assignments such as educational projects that provide people with information about how to legally make a stand in the justice system. For example, legal protests, court orders and other legal movements.

The high level of crime and the failure of the justice cluster to address and curb crime is one of the issues that lead to the public to view legal system and process as unreliable, unfair and biased.

Our country, South Africa has attained freedom however the effects of the injustices of the past still weigh down on us deeply. People go to bed hungry and resort to crime as a means to feed their families. This does not only weigh heavily on the state it also goes against everything we stand for as a country, which is the spirit of Ubuntu.

It is said we are a united rainbow nation, but this to a certain extent is viewed by the public as a misleading statement because our people do not trust one another including the government systems and processes put in place. Furthermore, our people still do not believe that they are protected by the supreme law of the country, Constitution of the Republic of South Africa.

We are divided, our brothers rob our mothers, our fathers rape and kill our sisters. Our sisters do not value working hard or educating themselves because there are so many unemployed graduates in the country with no prospects that they will live a better life anytime soon. Why would they study if the ones before them have studied and are now criminals and resorting to illegal trades, drug mule activities and everything that goes against our principles of the justice system. The worst thing of all is that how do people trust a system where the officials of the same government are the critical component of perpetrators of crime. Taking bribes, stealing dockets, jeopardizing the lives of their brothers and sisters in security services by providing syndicates with delicate and critical information so that they can go commit crimes and harm poor people trying to make a living the legal way to feed their families.

Civil Society Organizations (CSO’s) can only strive to alleviate the injustices and fast-pace service delivery but for us a country to reach a level of positive change, it will entail everyone to join the movement and finds a way to close the cracks of the justice system. It starts with you reporting your neighbour for being an abuser, educating young girls on the dangers of money that comes easy, passing on knowledge from the past generation to the younger generation about legal ways to make money and keep the money along with their lives.

Civil Society Organizations create an environment for community engagement in governance and important decision making processes. They ensure that the government is held liable and accountable for their actions that adversely affect the community. For example, being held accountable for providing unclean water services that lead to health hazards and death, engaging in the process of selecting Municipality officials as they will govern those very same people

Civil Society Organizations has the responsibility to make sure that people have access to information and where need be they make means for the community to attend these events so they can be part of a fair practice that directly affects them.

Civil Society Organizations aim to restore the dignity of the marginalised groups, in doing so they do come across issues such as lack of funding and resources and other factors. This keeps them attentive and innovative as they have to always find ways to create opportunities and acquire funding so they can continue to serve their communities.

Change is all around us, so Civil Society Organizations have to become innovative and generate smart ideas so they can thrive because if they do not thrive the community(s) will suffer immensely. Civil Society Organizations are commendable as they are made out of people from different communities that have come together as one to achieve a common goal which is to improve the living conditions of their neighbours, families and the environment they reside in. Civil Society Organization’s main motto is. “Umuntu ngumuntu ngabantu”. We are because they are.

If we strive to become better then we must all do better, citizens, government officials and Civil Society Organizations. We all need to actively participate in the positive change we want in our economy and justice system. This can only be achieved if we work together and strive towards a common goal to create a better life that is fair and equal for everyone.

Conclusion

Man has always posed questions on his experience. "The underlying motive being to gain a greater of the reality in which we live"

"Plato in [490 B] said"

"Our true lover of knowledge naturally strives for reality, and will not rest content with each set of a particular which opinion takes from reality, but soars with undimmed and unwearied passion till he grasps the nature of each thing as it is...."

The undertake exercise to pen this article is to strive to positively contribute through a barrel of ink in striving to enlighten both public and government on how best collectively as a country we can work together to address this demon of crime which continues to terrorise the soul of the nation.

The publication further aims to contribute in reducing the human and government errors that are viewed by the society as unconstitutional and undemocratic but simultaneously find proper, constructive and sustainable solutions. Furthermore, it will contribute in educating the public to clearly understand, what law and justice is in democracy.

The reality is that Xenophobic Attacks and Mob Justice are inhumane and barbaric, where in most those perceived as criminal suspects or perpetrators are set free by the justice system and that places the justice system of the country and law under public intensive critics. In short, this on its own confuses and baffles the public mind. The ultimate effect becomes creation of a fountain of confusion and frustrations in the public eye, which it viewed in most cases outcomes or results as an exercise of immoral and corruption.

It is very important for the examination of how both public and state respect and value democratic values and education serious. This includes ensuring that they complement one another as that is very critical and important, given the type of democracy of South Africa and country’s constitution.

It is therefore important that this becomes the responsibility that confronts every government official within the social and crime cluster and citizen to ensure that the justice system is well understood, trusted, accepted and supported by the entire nation. However, it should be noted and considered that the attainment of democracy and freedom did not constitute immediately the end of injustices struggle. Hence, today the South African country is faced with injustices, which are without any fear raised by the public to a level of demonstrations of dissatisfaction in the courts about the justice system more especially in rural and township areas. Reasons of such actions by the local communities is because of in most those perceived as dangerous criminals are set free by the courts of law immediately after been arrested by the Police Services.

There is a high need that collectively as a nation and government we should develop influential strategies and approaches on how the address the public dissatisfactions of the justice system of the country. This will be important, as it will comprise of contributions from many people of vast difference diversity background, where in some there will be dialogue engagements, which will form part of education aspect in nation building. There is no doubt in mind that the funding of the project as per the request will not serve the opposite in pursuing the social struggle that government, public and the private sector champion.

In short instil in state officials, civil society organizations and country’s citizens the culture and mind attitude of being pragmatic, commitment without reservations in serving nation interests.

"We are now as one nation, government and the people faced with the task of promoting and consolidating the human values that brought us where presently we are in a free and democratic country, but that does not say neither suggest that we should forget or neglect that inside our freedom and democracy lies major challenges."