REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
indicates that as far as poverty alleviation in concerned, South Africa has made good
progress, yet we are aware that levels of poverty among vulnerable groups such as
women and children, which is higher than the poverty levels for the general population,
still remain a challenge. A myriad of poverty alleviation programmes addressing income,
human capital and asset poverty resulted in more South Africans having access to some
form of household income, even if only in the form of a social grant, housing, piped water
and sanitation. Overall South Africans are enjoying a higher standard of life.
CHAPTER 3: PEOPLES’ RIGHTS
Article 19: All people shall be equal
476.
The right to equality is addressed in paragraphs 13 to 25 of this report.
Article 20: Peoples’ rights to existence and self-determination
477.
South Africa is committed to the basic international principles that denounce colonialism
and foreign domination. South Africa has in the recent years grown increasingly
concerned about the situation in the Middle East, in particular the Israel-Palestine
conflict. South Africa has continued to support the peace process and the two states
solution by calling on all parties to commit to negotiation to realise these goals.
478.
Another development in respect to the question of colonialism and foreign domination
concerns the definition of terrorist activities under the Protection of Constitutional
Democracy against Terrorist and Related Activities, 2004.251 The Act excludes an armed
struggle against colonialism and foreign domination from the definition of terrorism.
Article 21: Rights to dispose of wealth and natural resources
251
252
479.
As stated in the First Periodic Report, the South African Constitution guarantees the South
African people the right to freely dispose of their wealth and natural resources. In
addition, the Constitution reinforces the common law principle of compensation in case
of spoliation or expropriation in the public interest. Significant developments in respect
to this right have revolved around the restitution and redistribution of land.
480.
The stated aim of the Minerals and Petroleum Resources Development Act, 2002252
(“MPRDA”) is to redress past racial discrimination in respect of access to the mining
industry. Unused ‘old order’ rights (rights awarded under the previous system) including
mineral rights where the surface and minerals were not separated, could be converted
into ‘new order’ mining rights within one year of the coming into operation of the Act
(i.e. by 1 May 2005). Other old order mining rights (those in use) could be converted into
Act No. 33 of 2004
Act No. 28 of 2002
131