c ommission also paid the expenses of its c hairperson to attend the ANC's c entenary
c elebrations.
The hijac king of the Sec tion 185 Commission by the ANC has resulted in the
c ommission being of no use to minorities. In fac t, it is now even being used as an
instrument for opposing minority demands. When AfriForum rec ently started a
c ampaign to protec t Afrikaans as a medium of instruc tion in sc hools, the c ommission
issued a statement c ritic ising AfriForum's c ampaign. Ironic ally, the c ommission should
have been the one institution that AfriForum should have been able to approac h for
support in this regard.
The Human Rights Commission: AfriForum has over the years submitted numerous
c omplaints to the c ommission whic h have been blatantly ignored. Onc e again c adre
deployment
was
used
to
render the
c ommission
c ompletely
ineffec tual.
The
appointment of Mr Lawrenc e Mushwana as the c hairperson is an example in this
regard. In a c ourt ruling it was established that during Mushwana's stint as the Public
Protec tor, his investigation into the so-c alled Oilgate sc andal had been done so
superfic ially that it c ould not even be c alled an investigation.
The Pan South African Language Board (Pansalb): Pansalb was c reated in terms
.
of the Constitution with the aim of protec ting and promoting language rights in South
Afric a. AfriForum submitted several c omplaints to Pansalb through the years and
favourable rulings were obtained against various institutions that violated language
rights. However, the ANC has ensured that Pansalb does not have any power to
enforc e the rulings c onc erned. This means that rulings in favour of AfriForum have
been ignored by state departments. In addition, insuffic ient funding and unsuitable
appointments have paralysed the board even further. Even more telling of the degree
of state interferenc e in matters relating to Pansalb is the fac t that the Minister of
Arts
and
Culture
rec ently
blatantly
c ontravened
the
Constitution
by
interfering-in-Pansalb-board--appointments:— -
The judicial system: To the great frustration of the ANC the judic ial system is one
of the very few institutions not yet under the c omplete c ontrol of the ANC. One c an
expec t the ANC to launc h intensified attempts to c hange this state of affairs. Danger
signs have already been detec ted in the politic ally driven ac tions of most members of
the Judic ial Servic es Commission during the appointment of Chief Justic e Mogoeng
Mogoeng. In KwaZulu-Natal the ANC rec ently even went as far as stating that the
transformation of the benc h is not so muc h c onc erned with the appointment of blac k
judges as with the appointment of c andidates who are sympathetic to the ANC. The
high c ost of litigation is also a deterrent to c hallenging the present state of affairs,
espec ially as the 'c heaper' option of laying c harges with institutions provided for in
sec tion 9 of the Constitution, has in effec t bec ome a futile exerc ise.
3