KEYNOTE ADDRESS BY THE MINISTER OF JUSTICE AND
CORRECTIONAL SERVICES, ADV MICHAEL MASUTHA, ON THE
OCCASION OF HUMAN RIGHTS DAY COMMEMORATIONS IN
UITENHAGE, NELSON MANDELA DISTRICT, 21 MARCH 2015.
Programme Director, Minister Mthethwa, the Premier of the Eastern Cape,
Mr Masualle, the Executive Mayor of the Nelson Mandela Bay Metro,
Mr Fihla, Cabinet Ministers present, all MECs present, members of the
national and provincial Parliaments, all district and local mayors and
councilors present, honourable members of the diplomatic community,
traditional leaders, government officials, esteemed guests, ladies and
gentlemen,
May I take this opportunity to especially welcome all the survivors of the
Uitenhage massacre and survivors of all other massacres and the families
of victims who are our guests today.
The month of March is a very significant month in the history of South
Africa.
It was during March that 56 unarmed people were mowed down by the
apartheid police in Sharpeville during the anti-Pass protests in 1960.

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On March 21, 1060 (1960?) events were planned in many parts of the
country for people to protest against the pass laws. In Sharpeville
thousands of people gathered at the police station demanding to be
arrested. They were met by 300 police officres who, after a scuffle opened
fire, killing 69 people. 180 more were injured.
It was also on this day in 1985 that 12 people were gunned down by the
apartheid police down the road from here while on a match to KwaNobuhle
to commemorate Sharpeville day. A lot more were shot, but survived the
massacre.
That is the reason why today we are gathered at this sports field which is
close to the venue of the 1985 massacre.
The democratic government led by the ANC took the decision to make the
21st of March a public holiday during which we reaffirm the human rights of
all the people of South Africa.
On this day, we remember the sacrifices of the people of Sharpeville, the
people of Uitenhage, the people of Duncan village and all the people who
sacrificed their lives so that we can enjoy the fruits of a free and democratic
South Africa.

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We have heard from a survivor of the massacre how a group of unarmed
people on their way to a commemoration were suddenly shot and killed by
the police here at KwaLanga 30 years ago.
This year government is asking all of us to use the Human Rights month as
a vehicle to foster social cohesion, nation building, national identity, socio
economic development and an end to xenophobia and homophobia.
People within communities should care for one another. We should go back
to the tradition of caring for each other’s children and young people. We
should go back to the tradition of caring for each other’s aged grannies.
In terms of xenophobia, we need to root out from our communities the new
habit of looting and destroying shops owned by immigrants. These shops
render services to the very communities that end up looting and destroying
them.
In instances where we have complaints about activities that are illegal from
immigrant communities, I encourage that these be reported to your
councillors or the police. Please do not loot and destroy any property to
vent out your grievances.

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The month of March incorporates the International Woman’s Rights Day
held on 8 March. On that day we focussed on the plight of women all over
the world and recommitted ourselves into making South Africa a better
place for our women.
Apart from hosting stadium events on human rights’ day, what have we
done to restore and protect the human rights of the majority of South
Africans?
Our theme for this event says celebrating the freedom charter, enjoying
equal human rights for all.
Our Constitution’s preamble contains the bill on human rights taken from
the Freedom Charter. The human rights in our Constitution are the basis of
all our legislation and are the ideal towards which we are striving as a
government and as a country.

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THE SOUTH AFRICAN CONSTITUTION, 1996
Chapter 2: Bill of Rights
EQUALITY
You cannot be discriminated against. But affirmative action and fair
discrimination are allowed. Everyone is equal before the law and may not be
discriminated against.
HUMAN DIGNITY
Your dignity must be respected and protected. Everyone has a basic human
dignity which must be respected.
LIFE
You have the right to life. Everyone has the right to life.
FREEDOM AND SECURITY OF THE PERSON
You cannot be detained without trial, tortured or punished poorly. Domestic
violence is not allowed. You may not be physically detained without trial or
abused in any way.
SLAVERY, SERVITUDE AND FORCED LABOUR
Slavery and forced labour are not allowed. You may never be subjected to
slavery or forced labour.

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PRIVACY
You cannot be searched or have your home or possession searched. Your
right to privacy includes your body, home and possessions.
FREEDOM OF RELIGION, BELIEF AND OPINION
You can believe and think whatever you want and can follow the religion of
your choice. You have the right to think, believe and worship whomever you
may choose.
FREEDOM OF EXPRESSION
All people (including the press) can say whatever they want. You have the
right to say, read and study whatever you choose but hate speech is not
allowed.
ASSEMBLY, DEMONSTRATION, PICKETT AND PETITION
You can hold a demonstration, picket and present a petition. But you must
do this peacefully. You have the right to peacefully assemble, demonstrate
and protest.
FREEDOM OF ASSOCIATION
You can associate with whomever you want to. You have the right to
associate with anyone.

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POLITICAL RIGHTS
You can support the political party of your choice. If you are citizen, and at
least 18years old, you can vote. You may form a political party, run for office
and vote for any party in free and fair elections.
CITIZENSHIP
Your citizenship cannot be taken away from you. No citizen may be deprived
of citizenship.
FREEDOM OF MOVEMENT AND RESIDENCE
You can go and live anywhere in the Republic of South Africa. You have the
right to enter and leave the Republic at will.
FREEDOM OF TRADE, OCCUPATION AND PROFESSION
You can do whatever work you choose. You have the right to choose any
legal trade or occupation freely.
LABOUR RELATIONS
You may join trade unions and go on strike. Every worker and employer has
the right to organise and negotiate to further their aims.

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ENVIRONMENT
You have the right to a healthy environment. You have the right to live in a
protected, healthy environment.
PROPERTY
Your property can only be taken away from you if the proper rules are
followed. No-one may be deprived of property, except in terms of law of
general application.
HOUSING
The Government must make sure that people get proper access to housing.
You have the right to access adequate housing.
HEALTH CARE, FOOD, WATER AND SOCIAL SECURITY
The Government must make sure you have access to food and water, health
care and social security. You have the right to health care, adequate food
and water and social security.
CHILDREN
Children under the age of 18 have special rights, like the right not to be
abused. Every child has the right to a name, nationality and protection from
abuse and exploitation.

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EDUCATION
You have the right to basic education, including adult basic education, in
your own language (if this is possible). You have the right to a basic
education in the official language of your choice.
LANGUAGE AND CULTURE
You can use the language you want to, and follow the culture that you
choose. You have the right to use the language of your choice and practise
your own culture.
CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES
Communities can enjoy their own culture; practice their own religion; and
use their own language. You have the right to form, join and maintain
cultural, linguistic and religious grouping of your own choice.
ACCESS TO INFORMATION
You have the right to any information which the government has. You may
access any information held by the state for the protection of your rights.
JUST ADMINISTRATIVE ACTION
Actions by the government must be fair. You have the right to administrative
action that is lawful, reasonable and fair.

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ACCESS TO COURTS
You can have a legal problem decided by a court, or a similar structure. You
have the right to resolve legal disputes in a court or another impartial
tribunal.
ARRESTED, DETAINED AND ACCUSED PERSONS
This right protects people who are arrested, imprisoned or accused. When
arrested, you have the right to remain silent, to be brought before a court
within 48 hours and the right to legal representation.
Let me briefly touch on the right to land. Many communites have had their
land restored to them. A further ___ more communities have opted for
financial compensation. As we speak, Government is restoring the human
rights of the people of Disrict Six in Cape Town by returning the land to its
rightful owners.
Government has reopened the land claims window to allow communities
who feel left out to submit their claims for land restitution. We all know that
land rights are human rights.

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Lastly our government has restored the dinity and human righr of our
leaders, Moses Kotane and John Beaver Marks, whose mortal remains
were repartriated from Russia.
Moses Kotane was reburied at his home in Pella on the 14 th of this month
and JB Marks was reburied on the 22nd at his home in Ventersdorp.
These two leaders were liberation fighters and leaders of both the
Communist Party and the African National Congress. They both died in
exile in Moscow and were buried there. By restoring the dignity of their
mortal remains we are affirming the human rights of our children and our
grandchildren.
We need to use today to reaffirm our commitment to the protection of each
other’s human rights.
May every day be a Human Rights day.