The South African Parliament’s Portfolio Committee on Justice and Constitutional Development has recommended that the appointment process for a Commissioner at the South African Human Rights Commission (SAHRC) be restarted. This move marks a significant update on SAHRC vacancies, following procedural challenges that brought the current selection efforts to a standstill.
Committee Reviews Candidate Selection Dispute
According to Committee Chairperson Mr. Xola Nqola, the committee had shortlisted eight candidates after reviewing applications received in October 2024. Interviews were held on 19 November 2024 as part of the justice committee nomination process.
However, challenges arose following a letter from the SAHRC Chairperson to the Speaker of the National Assembly (NA) in January 2024, informing the NA of a vacancy created by the resignation of Deputy Chairperson Ms. Fatima Chohan. Her departure, effective from 1 April 2024, prompted the committee to begin the selection process for a new full-time commissioner and potentially a Deputy Chairperson.
Deadlock Over Voting Rights and Rules
The committee’s inability to reach consensus was highlighted during a meeting on 28 May 2025. Further complications emerged during a session on 2 April 2025 when concerns were raised about whether members who had not attended the interviews could participate in voting on a candidate. This procedural uncertainty, tied to Rule 115 of the National Assembly Rules, caused another delay in the voting process.
To address the issue fairly and transparently, the justice committee responsibilities now include restarting the process to ensure compliance with parliamentary rules and inclusive participation. “Voting was therefore deferred once again,” said Mr. Nqola, “and the committee recommends that the process of filling the vacancy begin afresh.”
Implications for Human Rights Oversight
This update on SAHRC vacancies underscores the importance of maintaining integrity and procedural fairness in appointments to key national institutions. The SAHRC plays a pivotal role in safeguarding human rights in South Africa, and a robust justice committee nomination process is essential for appointing the right individuals to these roles.
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