LETTER: Unemployment crisis: Has govt fulfilled its constitutional duty?
One South Africa Movement (OSA) requested the South African Human Rights Commission (SAHRC) to investigate whether the government has fallen short of its constitutional duties required by sections 7(2) and 22 of the Constitution.
• Mudzuli Rakhivhane, One South Africa Movement (OSA) national spokesperson writes:
The release of the Quarterly Labour Force Survey (QLFS) for Q2:2022 provided more grim news for the people of South Africa as no substantial dent has been made to the unemployment crisis despite all of government’s talk shops, summits and commissions.
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There are now 11,5 million people without a job or who have given up all hope of finding one. All indicators suggest this trend is a ticking time bomb that requires extraordinary intervention.
That is why the One South Africa Movement (OSA) requested the South African Human Rights Commission (SAHRC) to investigate whether the government has fallen short of its constitutional duties required by sections 7(2) and 22 of the Constitution.
Section 22 of our Constitution says that every citizen has the right to choose their trade, occupation or profession freely, while section 7(2) instructs the government to respect, protect, promote and fulfil the rights in the Bill of Rights.
Our assertion is that by failing to address the economic conditions which create rising unemployment, the government cannot be said to be reasonably promoting and fulfilling citizens’ right to practice their trade, occupation, or profession of choice. This right is limited by prolonged and deliberate rank failure by the government to address the issues driving unemployment.
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The law requires the government to take “reasonable steps” to the “progressive realisation” of rights. With 1,2 million unemployed graduates, it’s clear that the right in section 22 cannot be realised for many young people
61% of young South Africans between the ages of 15 and 24 cannot find a job. This is down to our substandard education system that directly limits citizens’ rights and options in the economy and workplace.
We maintain that government has not met the test of reasonableness and we request the SAHRC to investigate this matter as the socio-economic rights of South Africans have been violated in ways that grievously undermine human dignity and upward mobility.
We will continue to partner with, support and train entrepreneurs as part of the solution to unemployment and to strike the balance between micro enterprise and big business. In addition, the informal economy remains an undervalued and under-resourced sector that the government must stimulate if we are to create real jobs in communities.
