Racial remarks, factions, and GNU bashing: Inside ‘toxic’ SA Human Right Commission

South African Human Rights Commission (SAHRC) CEO Vusumuzi Mkhize has been placed on precautionary suspension.

The details of the suspension were discussed in a meeting between the SAHRC and the Portfolio Committee on Justice and Constitutional Development on 1 November.

The portfolio committee touched on existing complaints around alleged mismanagement at the SAHRC, describing the work atmosphere as “toxic”.

Remarks caught on unmuted mic

Though a comprehensive report is still to be compiled by the committee, it confirmed that calls have been made to remove Mkhize from his position using Section 194 of the Constitution.

The accusations centre around an online meeting where Mkhize is alleged to have made inappropriate remarks while his mic was unmuted.

“The committee heard that Mr Mkhize, during a hybrid meeting of the SAHRC, unaware that he was not muted made some remarks about white people and about the government of national unity,” stated the Parliamentary Communication Services (PCS).  

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Mkhize is also alleged to have attempted to have a junior official break protocol by deleting the recording.

Additionally, the portfolio committee heard about complaints regarding procurement, interference from Mkhize’s interview panel and issues related to consequence management.

SAHRC media liaison Wisani Baloyi confirmed Mkhize’s suspension to The Citizen, stating that it was due to the alleged misconduct.

“This matter is ongoing, and the Commission is committed to finalising the matter promptly while equally respecting the integrity of the process,” stated Baloyi.

Chairperson and Commissioner under fire

Complaints have also been sent to the portfolio committee regarding SAHRC chairperson Reverend Chris Nissen and Commissioner Philile Ntuli.

Nissen dismissed the complaints against him, saying they were based on his former public life.

“He said he was vetted several times by various sectors and twice by Parliament and he was never found wanting,” explained the PCS, noting that no public complaints were received during his vetting process.

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Commissioner Ntuli claimed the complaints were of a political nature, accusing former of commissioners of working to have her removed.

“She now fears for her safety and the committee resolved that the SAHRC must request that a risk assessment be done by security agencies,” the PCS elaborated.

Second case in two years

Section 194 of the Constitution deals with removing officials from Chapter 9 institutions, and Mkhize is the second SAHRC executive in two years to face such claims.

In 2023, acting CEO Chantal Kisoon resigned while dealing with allegations of using a racial slur.

Chairperson of the portfolio committee Xola Nqola said Section 194 proceedings were not being considered, but did have a damning assessment of the SAHRC.

 “You are an institution that is supposed to promote human rights, but now you are doing the opposite,” he said.

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