A/HRC/32/22
South African Human Rights Commission
110. The South African Human Rights Commission reported that it considered the right
of access to information to be a key element in the fight against corruption. The
Commission was mandated to monitor compliance with the Promotion of Access to
Information Act and established a dedicated unit for that purpose. The unit handled
complaints regarding access to information, which involved issues of whistle-blowing and
corruption. The Commission investigated allegations and took steps to remedy human
rights violations, including by approaching the courts and preparing reports of adverse
findings.
111. The Commission also engaged with the African Commission on Human and
Peoples’ Rights in the drafting of the Model Law of Access to Information for Africa.
112. The Commission highlighted the importance of the principles of open contracting in
the tender and award of contracts by Government and private companies, as corruption
often occurred as a result of the maladministration of contracts. That was particularly
important in instances where private companies were contracted to fulfil basic services and
socioeconomic rights.
113. A complaint to the Commission concerning corruption could be referred to another
body that was more suitable for dealing with the issue, such as the Office of the Public
Prosecutor, the Special Investigation Unit or the Asset Forfeiture Unit. In some instances,
the Commission worked together with another body in the investigation of a complaint
where there was a clear overlap with human rights concerns.
114. The Commission drew attention to a landmark judgment of the Constitutional Court
in which the Court clearly articulated the relationship between corruption and the nonrealization of human rights. The Court observed that corruption undermined the
constitutional commitment to human dignity, the achievement of equality and the
advancement of human rights and freedoms. It concluded that courts dealing with
corruption cases must send out an unequivocal message that corruption would not be
tolerated and that punishment will be appropriately severe.
115. The Commission was also mandated to monitor the implementation of the National
Development Plan: Vision 2030, inter alia, with a view to assessing the extent to which the
anti-corruption strategies employed in the plan could serve to promote human rights.
116. The Commission also provided comments on the bill to amend the Protected
Disclosures Act, in the context of ensuring compliance with the rights to freedom of
expression, access to information, freedom and security of the person, fair labour practices
and just administrative action.
IV. Contributions received from civil society organizations
and academia
Al Khair Society for Relief and Charity Work
117. The Al Khair Society for Relief and Charity Work highlighted the importance of
training to improve the technical skills of the relevant authorities involved in the fight
against corruption. In this regard, it drew attention to cooperation with specialized
institutions such as the Basel Institute on Governance and to the principles of transparency
and accountability, the importance of adequate salaries in the public service and the
importance of disseminating information on corruption cases.
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