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Human rights and reality
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Thebe Mabanga
Financial Mail
Friday, October 30, 2009
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New SA Human Rights Commission chairman Lawrence Mushwana, who has just completed a term as public protector, speaks to Thebe Mabanga
How is this job different from what you were doing as public protector?
For me there is no change. All my life, from the time I could decide for myself, I have been a human rights activist.
What do you think of Free State University vice-chancellor Jonathan Jansen's decision to drop charges against the "Reitz four" students and invite them back?
It's good he has realised that perhaps he was too quick and irrational. I am happy he has opened the issue for discussion. As the commission, we are engaged with the case (through the equality court).
Gauteng North high court found your Oilgate investigation flawed and ordered a new one. Do you stand by it?
I don't recall hearing the word "flawed". What the judge said was that I may have erred in my interpretation of my mandate. He found no evidence that I was biased in favour of the ANC. But the judge was wrong to say the Mail & Guardian could take me to court since it reported the matter to me. It was reported by Willie Spies of the Freedom Front Plus. The matter is under appeal (by the office of the public protector).
What would you say to a service delivery protester who says he is not enjoying his socio economic rights, like clean water or education?
That in 1994 we may have been overly optimistic, hoping to solve 300-year-old problems overnight. [But] maybe we as a country could have done more in providing things like water and education. I am not sure we got our priorities right.
The Democratic Alliance (DA) abstained from voting for you. H ow will you engage them in parliament?
The DA also did not vote for me (to become public protector). I would have hoped we would have a mature interpretation of democracy by now. I respect the DA as the official opposition.
The DA, citing a court ruling in its favour, disagrees with your view on the independence of chapter 9 institutions. Do you believe the commission is "part of government"?
There is theory and there is reality. The reality is that we are appointed by the president. We get our money from the justice ministry, and government determines the powers one has, through the act. You are as independent as (government) wants you to be.
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