Situation Worse Than During Apartheid Regime - Report
In its report on South Africa, published earlier today, Amnesty International slams the ANC schemes of nepotism, corruption and incitement of xenophobia. The report points out that in many regards South Africans today are worse off than in the waning days of the Apartheid regime, and the worst in twenty years.
"Corruption and nepotism impeded community access to housing and services, and led to the collapse of some municipal governments and to widespread protests among affected communities," read a report by Amnesty International on human rights in South Africa. Some of the policies imposed on black South Africans by the ANC regime hurt and impede coloured people more than under the most stringent rules under apartheid, a commentator added.
"Persistent poverty, rising levels of unemployment, and violent crime, together with the crisis in the public health sector, posed continuously significant challenges for the reluctant ANC government. Errant political developments continued to affect the independence and integrity of the administration of justice on all levels," read the report.
It listed as some examples the withdrawal of corruption charges against President Jacob Zuma, the acquittal of Western Cape Judge President John Hlophe by the Judicial Service Commission and the appointment of Menzi Simelane as National Prosecuting Authority head. The trial of ANC Youth League president Julius Malema in the Equality Court, for derogatory remarks he made regarding women who claimed to be raped, was also noted for its negative implications on the rights of women and girls.
Amnesty also mentions xenophobic as well as ethnic attacks against Mpondo members of shackdwellers' movement Abahlali baseMjondolo, in Durban's Kennedy Road informal settlement. In September, members and leaders of Abahlali fled their homes after attacks. In the aftermath, their homes were destroyed and further violence threatened. The Amnesty report noted that while 13 Abahlali supporters were arrested in connection with the two men killed on the night of the attacks, no charges were brought against anyone for the attacks on Abahlali.
The report also mentioned that in the context of this violence, Abahlali had won an important case in the Constitutional Court that declared part of the Slums Act "inconsistent with the Constitution". "The constitution appears to be no stumbling block for the ANC rulers to bend and evade the laws with impunity, or even worse, administer justice randomly and at its on discretion, often in circumvention of existing laws and human rights."
The report cites the legal limbo in South Africa, where police enforcement is marginal and rife with abuse of power and excessive violence. Dozens of people have been killed in 2009 by police squads who had applied swift and vigilante justice on criminals or traffic violaters for petty infractions. Instead of prosecuting such excessive violations, the perpretrators received citations, rewards and public praise from the government.
The appointment of a corrupt crony of president Zuma as new police chief in South Africa has led to a thorough undermining of professionalism and accountability of the nation's law enforcement, putting often the life of civilians at risk.
Among the many xenophobic attacks mentioned by name were violence in De Doorns in Western Cape, Balfour in Mpumalanga and Polokwane in Limpopo. "The police response to incidents varied from complicity to negligence."
It also noted the home affairs department had introduced 90-days of visa-free entry for Zimbabweans coming into South Africa and immigration permits for those already in the country. However, "the permits have not been implemented by the end of the year".
Amnesty also pointed out that the "abrupt" closure of the Musina showgrounds had resulted in several thousand Zimbabweans seeking shelter at the Central Methodist Church in Johannesburg "with the authorities failing to meet their humanitarian needs".
Police actions and criminal justice also came in for scrutiny. According to Amnesty, several accusations of torture and "extra-judicial executions" have been made against the police. Using information from the Independent Complaints Directorate, Amnesty said deaths in custody had risen 15 percent in 2009, with KwaZulu-Natal seeing a spike of 47 percent.
It also mentioned Sidwel Mkwambi, who died in police custody in February in Bellville, Cape Town. Police claimed he jumped out of a moving vehicle. His injuries were not consistent with this explanation. Also killed while trying to escape was an alleged car hijacker whose death did not match police reports. Police claimed he jumped onto an electric fence, but his body showed no signs of electrocution. Many others have complained of torture. "Suspects in numerous cases were interrogated and assaulted while held without any record of arrest."
Amnesty said in its report South Africa had not ratified the United Nations' Optional Protocol Against Torture.
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