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The Constitution requires the state to "respect, protect, promote and fulfil" the rights in the Bill of Rights. In terms of section 184(3) of the Constitution, the South African Human Rights Commission is required to monitor and assess the realisation of economic and social rights. This the Commission does, in part, by requesting relevant organs of state to provide it with information on measures taken towards the realisation of rights pertaining to housing, land, health, food, water, social security, education and the environment. In this regard, the Commission sends questionnaires (protocols) to relevant government departments annually.

The 3rd set of protocols was distributed from 30 June 2000 to 7 July 2000 to fulfil the requirements of section 184(3) of the Constitution. The data obtained will be used to compile a report, which will be submitted to Parliament. Out of 68 departments, only 15 submitted their reports. Some departments requested the Commission to extend the deadline until 15 September 2000, while some failed to either submit their reports or to ask for an extension of the deadline. The Commission then decided to write letters to the Office of the President, Premiers, MECs and Ministers of the departments which failed to meet the deadline for the submission of the reports. Some departments responded to these letters by requesting the Commission to further extend the deadline until 31 October 2000.

After the expiry of the 3rd deadline (31 October 2000), the Commission decided to subpoena all those departments that failed to submit their reports.

The departments listed below were served with subpoena notices in terms of section 9(1) (c) of the South African Human Rights Commission Act 54 of 1994, calling them to appear before the Commission to explain why they have failed to comply with the provisions of section 184(3) of the Constitution. Details of dates and venues for the subpoena hearings are also given.

NATIONAL DEPARTMENTS:

National Department of Land Affairs: 09 January 2001, (9h30)
National Department of Finance: 09 January 2001, (10h30)

Venue: Wilds View, Isle of Houghton, Boundary Road, Parktown, South African Human Rights Commission Offices, Main Boardroom, Level 1

PROVINCIAL DEPARTMENTS

GAUTENG:
Housing: 09 January 2001, (12h00)
Development Planning and Local Government: 09 January 2001, (13h00)
Agriculture, Conservation and Environment: 09 January 2001, (14h30)

Venue: Wilds View, Isle of Houghton, Boundary Road, Parktown, South African Human Rights Commission Offices, Main Boardroom, Level 1

NORTH WEST:
Health: 12 January 2001, (9h30)
Education: 12 January 2001, (10h30)
Finance: 12 January 2001, (13h00)

Venue: Senate Suite, University of North West

NORTHERN PROVINCE:
Health and Welfare: 16 January 2001, (9h30)
Education: 16 January 2001, (10h30)
Agriculture and Environment: 16 January 2001, (12h00)

Venue: ICD Offices, 66 Market Street, Pietersburg

NORTHERN CAPE:
Welfare: 19 January 2001, (9h30)
Nature Conservation Agriculture and Environment: 19 January 2001, (10h30)

Venue: City Hall, Market Square, Kimberly

KWAZULU-NATAL:
Agriculture and Environment: 30 January 2001, (9h30)
Education and Culture: 30 January 2001, (10h30)
Local Government: 30 January 2001, (12h00)

Venue: 40 Commercial Road, Suite 307, 3rd Floor, Commercial City Building, Durban

EASTERN CAPE:
Education and Training: 1 February 2001, (9h30)
Health: 1 February 2001, (10h30)

Venue: Port Elizabeth City Hall Auditorium, Govan Mbeki Avenue

MPUMALANGA:
Social services and Population: 6 February 2001, (9h30)
Development Local Government and Traffic: 6 February 2001, (10h30)

Venue: 27 Anderson Street, Opposite, Commercial Wholesale, Nelspruit

The hearings are public and members of the public and the media are free to attend.

Contact: Adv. Tseliso Thipanyane on (011) 484 8300 or 083 305 2693

Issued by: The South African Human Rights Commission, 5 January 2001