Concluding Observations and Recommendations on the Combined Second Periodic Report under the African Charter on Human and Peoples' Rights and the Initial Report under the Protocol to the African Charter on the Rights of Women in Africa of the Republic of South Africa
I. Introduction
1. The Republic of South Africa (South Africa) is a State Party to the African Charter on Human and Peoples' Rights (the African Charter), having ratified it on 9 July 1996.
2. Pursuant to Article 62 of the African Charter, South Africa submitted and presented its initial Report1 in 1999 during the 25th Ordinary Session of the African Commission on Human and Peoples' Rights (the Commission) from 25 April to 5 May 1999, in Bujumbura, Burundi and presented its 1st Periodic Report2 to the Commission in 2005, during the 38th Ordinary Session of the Commission, from 21 November to 5 December 2005 in Banjul, Islamic Republic of The Gambia.
3. The present Report (the Report), which covers the period from 2002 to 2013, combines its second (2nd), third (3rd), fourth (4th), fifth (5th) and sixth (6th) Periodic Reports under the African Charter and also covers the period from 2005 to 2014 under the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (the Maputo Protocol). The Report was considered by the Commission during its 58th Ordinary Session, held from 6 to 20 April 2016, in Banjul, Islamic Republic of The Gambia.
4. The Report was presented to the Commission by the delegation from South Africa (the delegation), led by Honourable John Jeffery, Deputy Minister of Justice and Constitutional Development and accompanied by the following officials:
i. Ambassador Hon. N. Ntshinga - Permanent Representative to the AU and the Ambassador of South Africa Mission in Addis Ababa;
ii. Adv. J. M. Maluleke - Special Advisor to the Minister in the Presidency responsible for Women;
iii. Dr. W. Makgalancheche - Acting Deputy Director, General Department of Traditional Affairs;
iv. Adv. O. M. Sewpaul - Deputy Chief State Law Advisor, Department of Justice and Constitutional Development;
v. Mr. R. Raburabu - National Spokesperson for Independent Police Investigative Directorate;
vi. Mr. N. D. Maweni - Chief Director, Head of Office of Deputy Minister of Justice and Constitutional Development;
vii. Ms. T. Khosa - Director International Relations, Department of Women;
viii. Mr. M. Singaphi - Deputy Director Responsible for AU; Department of International Relations and Cooperation;
ix. Ms. T. Dlamini - Counsellor Political at the South Africa Mission in Dakar, accredited to The Gambia and Cabo Verde;
x. Mr. M. Maseko - Assistant Director, Department of Justice and Constitutional Development;
xi. Ms. E. King - Counsellor Legal at the South Africa Mission in Addis Ababa; and
xii. Mr. S. Ponco - Assistant Director responsible for AU, Department of International Relations and Cooperation.
5. The Report highlights developments which took place in South Africa in the promotion and protection of human rights, and the legislative, administrative and judicial measures put in place to comply with its obligations under the African Charter and the Maputo Protocol.
6. The present Concluding Observations give an account of the positive aspects, the factors restricting the enjoyment of human rights and the areas of concern regarding exercise of human rights in South Africa. The Commission makes recommendations to South Africa on measures for strengthening the enjoyment of human rights as guaranteed by the African Charter and the Maputo Protocol, as well as other relevantregional and international human rights instruments.
