The independence of the Independent Communications Authority of South
Africa can be questioned too. During the elections of 2014, the South African
public broadcaster, the SABC, refused to air two advertisements of opposition
parties, the DA and the EFF, criticising the ANC. The decision to refuse the ads
was upheld by ICASA, causing press freedom organisations to raise red flag
about the state of media freedom in South Africa. In October 2014 the Minister
of Communications, Faith Muthambi, seemingly acted unlawfully by ordering
ICASA board members to vacate their offices, once again raising questions
about the independence of ICASA.
The South African Human Rights Commission is chaired by Adv Lawrence
Mushwana, a former Public Protector notorious for investigating a so-called
Oilgate scandal. This incident involved state funds being transferred to the ANC
shortly before the 2004 general elections. Mushwana’s investigation and
findings were so superficial, that the Court of Appeals rejected his report. Judge
Robert Nugent, with four colleagues concurring, found that Mushwana’s
investigation “was so scant as not to be an investigation at all”. This casts
serious doubts on the impartiality of Mushwana as individual, but also re the
body he heads. Once again a lack of funding and powers to enforce rulings
hampers the efficiency of the Commission.
In May 2008, South Africa experienced horrendous, wide-spread xenophobic
attacks. It took the Commission two years to issue a report regarding this
matter. Meanwhile these attacks continue, with incidents happening all over the
country and many foreign nationals testifying to intimidation, violence and
exploitation by representatives of the authorities, as well as members of the
public. The report seems to have contributed little towards finding solutions.
In September 2014 the Commission held hearings on the abovementioned issue
of farm attacks in South Africa. AfriForum’s report compiled for the hearings is
attached. We have just been informed that no report or ruling in this regard will
be made available by the SAHRC before well into 2015. Meanwhile these
violent attacks involving a disproportionate amount of violence, torture and
murder continue daily in our rural areas, putting the food security of all South
Africans at risk, decimating agricultural expertise in the country and causing this
vulnerable minority to live in a state of constant fear.
The Pan South African Language Board was created in terms of the
Constitution with the aim of protecting and promoting language rights in the
country. It currently is undergoing yet another process of restructuring after
mismanagement and funding misappropriation scandals. Currently it fulfils little
more than a symbolic role when the language rights of South Africans are
disregarded. AfriForum has been and is involved in numerous actions where the