Looted shops during unrest in Actonville, Benoni on 12 July 2021. Picture: Neil McCartney
The South African Human Rights Commission (SAHRC) has found there’s no discernible connection between the incarceration of former president Jacob Zuma and the violent unrest that occurred in July 2021.
On Monday, the SAHRC released its report on the investigative hearings into the rampant looting and violent unrest that South Africa witnessed almost three years ago.
President Cyril Ramaphosa and Police Minister Bheki Cele were some of the witnesses who gave their oral testimonies before the SAHRC in 2022.
The 8-to-19 July unrest resulted in more than 350 people losing their lives and cost R50 billion in damages.
The acts of protest, violence and looting spread across the KwaZulu-Natal (KZN) and Gauteng provinces, a day after Zuma’s imprisonment.
Speaking during a media briefing, SAHRC commissioner Philile Ntuli said the commission’s investigation looked into the role of social, economic and political factors in the July riots, the alleged racially motivated attacks and killings, the causes of the lapses in law enforcement and overall root cause of the unrest.
Ntuli said the SAHRC noted the fact that the country, at the time the violence occurred, was still “struggling to come to terms with the costs of the Covid-19 pandemic”.
“Amidst this socio-economic downturn, the nation was also facing the unprecedented event of the possible incarceration of a former head of state,” she said on Monday.
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She said the commission, in its findings, found that the evidence showed that acts which occurred during the unrest were orchestrated.
“The blocking of the N3 and the N2, the calculated destruction of factories and warehouses, the organised disconnection of security and fire alarm systems, the attack on government communication facilities at the Durban port, and the bombing and removal of ATM’s – together cannot be viewed as mutually distinct. These events point to a significant investment in the execution of the July unrest,” Ntuli said.
The commissioner highlighted that the evidence further points to “two types of actors” in and during the July unrest.
“Primary actors who were well resourced, led and executed the widespread destruction of property, and perpetrated arson attacks. They in turn mobilised secondary actors, who participated in acts of theft at malls and other business premises,” she explained.
The SAHRC concluded that the timing of the events of the July unrest “coincided” with Zuma’s jailing and therefore, “it could not find evidence to link the two events”.
“This caused an intertwining that blurred the lines between where one ended, and when the other started. This intersection of events has led many to conclude that the two are related.
“It is probable that the unrest was undertaken to destabilise the economy. However, it will ultimately be within the purview of the South African Police Service [Saps] and the National Prosecuting Authority to make a conclusive finding regarding the orchestration of the unrest,” Ntuli continued.
Government’s shortcomings in compiling and sharing intelligence also played a significant role in the escalation of the unrest, according to the SAHRC’s findings.
Ntuli cited the police’s “ill-preparation” , including insufficient resources, to deal with the orchestrated attacks as an example.
“The lack of appropriate action in response to the initial signs of unrest led to criminal activities such as theft, arson, and malicious damage to property.
“The failure to promptly address and counter digital orchestration and instigation through social media and other online platforms allowed the unrest to grow. This suggests that online communication and coordination played a role in fuelling the violence,” Ntuli added.
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In conclusion, the SAHRC found that the July unrest was “a violent culmination of deep rooted political and economic discourse”.
“While evidence pointed to high-level orchestration, the common purpose or intention behind the Unrest remained unclear. The violence and destruction were symptomatic of unresolved systemic conditions, including post-Covid-19 economic recovery, high unemployment, lawlessness, discrimination, socioeconomic divides, and issues within the security sector.
“The commission concluded that organised groups and individuals opportunistically exploited these conditions to attempt to usurp the rule of law.”
SAHRC deputy chairperson Fatima Chohan added: “At this stage, there is no organ of state at whose doorstep the blame for vigilante and racist attacks and murder can be laid. The commission is unable to legally make a finding on intellectual or financial liability for victim compensation.”
July Unrest Report Final_29 Jan 2024 by Molefe Seeletsa on Scribd
Meanwhile, the SAHRC has recommended that the State Security Agency (SSA) and the police’s crime intelligence division “engage and deepen relationships with different sectors of society to enhance the quality of intelligence gathered and its management”.
“Mechanisms and measures should be put in place to address the rapid and timely flow of information in order to promote effective and efficient responses to national security threats.
“The president must take steps to ensure that the commission is provided with a report on how such mechanisms and measures are being developed,” the report reads.
The commission further recommended that government take steps to address disinformation and misinformation on social media.
“In the development and implementation of relevant laws regarding disinformation and misinformation, the state should ensure that this is done through a balanced approach to safeguard against harm and the risk of harm to society.
“While recognising the need to combat the spread of violence through online mediums, it is essential to avoid the undue limitation of the right to freedom of expression.”
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