The SAHRC is tasked with monitoring, both pro-actively and by way of complaints brought before it, violations of human rights and seeking redress for such violations. It also has an educational role.
Commissioners
Seven commissioners were appointed for a seven-year term in 2009/2010, namely Adv Lawrence Mushwana, Dr Pregaluxmi Govender, Ms Lindiwe Mokate, Adv Bokankatla Malatji, Adv Loyiso Mpumlwana, Ms Janet Love and Dr Danfred Titus. Mushwana, who was previously the Public Protector, was elected Chairperson and Govender was elected Deputy Chairperson in October 2009. In July 2010, the National Assembly's justice committee decided unanimously that Mpumlwana's failure to disclose a civil judgement against him during the nomination process meant that he was not fit and proper to serve on the SAHRC. In February 2014, Advocate Mohamed Shafie Ameermia was appointed commissioner focusing on housing and access to justice.
Criticism
Trade union Solidarity has criticised the commission for what it claims is racial bias and prejudice. A comparative study revealed that the SAHRC is much more likely to self-initiate investigation where the perpetrator is white, and that it is more lenient in its punishment of black perpetrators.
Complaints were laid at the SAHRC against controversial politician Julius Malema regarding several statements he had made. Malema had said "kill the Boer", that he "was not calling for the slaughter of whites, yet" and had made racist remarks against Indian South Africans, accusing them of exploiting black people. In March 2019 the SAHRC stated that Malema's comments were not found to be hate-speech, claiming to have found no basis in law for Malema's comments to be ruled as hate speech. This was despite Malema being found guilty in 2011 by the Johannesburg High Court of hate speech for singing "Shoot the Boer". Dr. Shanelle Van Der Berg of the SAHRC justified the SAHRC's ruling on Malema by stating that the council applies different thresholds of what constitutes hate speech depending on the race of the alleged perpetrator, due to the nation's history. Dr Van Der Berg also claimed that the unequal treatment of perpetrators depending on their ethnicity, with comments by whites being punished more severely, was in line with the South African constitution.
