April 27 marked the 30th anniversary of democracy, human rights, and political freedom in South Africa. The country’s first democratic and non-racial elections in 1994 formally ended the apartheid system. Enduring issues related to migration, compounded by anti-immigration rhetoric and xenophobia, dominated political campaigns in the May 29 general elections, arguably the most closely contested since 1994. Several candidates for political office frequently scapegoated foreign nationals, heightening the risk of xenophobic violence.
While South Africa made strides in advancing women and children’s rights, including by enacting laws to ensure access to basic education and establishing a statutory body to combat gender-based violence and femicide, violence against women and girls not only remained alarmingly high, but increased.
Incidents of school children who were killed or suffered injuries from falls in pit latrines further undermined the rights to education, sanitation, safety and security, while severe food poverty affected 23 per cent of children in the country, increasing their risk to malnutrition.
Xenophobia and the Rights of Migrants
While fewer incidents of xenophobic violence were reported in 2024 than in prior years, political candidates adopted harmful anti-immigrant rhetoric ahead of the May 29 elections. According to Xenowatch, a nongovernmental organization (NGO) that documents incidents of xenophobic discrimination in South Africa, there were 59 reported incidences of xenophobic discrimination in 2024 and 2,946 individuals displaced as a result of xenophobic discrimination.
Between November 2023 and early 2024, the Scalabrini Centre and Lawyers for Human Rights, two NGOs, reported that police unlawfully arrested asylum seekers at Refugee Reception Offices across the country. Some of those arrested faced detention and deportation without full access to asylum procedures, in violation of the principle of non-refoulement under international refugee law. On May 24, the two NGOs initiated legal action against the Department of Home Affairs for the deportation of asylum seekers. On September 13, a high court granted an interim prohibition of government officials from deporting foreign nationals who have expressed intent to apply for asylum under the Refugee Act.
Violence Against Women and Girls
South Africa has some progressive laws aimed at protecting women’s rights, but abuse against women continued to rise.
On May 24, South Africa enacted the National Council on Gender-Based Violence and Femicide Act, intended to establish a national, multi-sectoral coordinating body to address gender-based violence and femicide (GBVF) and uphold the 2020 National Strategic Plan on GBVF. However, the Act is not yet operational, and shocking levels of violence against women and girls in South Africa—which is estimated to have among the highest rate of rape in the world and an estimated femicide rate that is five times the global average–continued throughout the year. There was also a disappointing lack of progress on implementation of the recommendations from the Commission for Gender Equality in its 2020 investigation report of the forced sterilization of women living with HIV/AIDS in South Africa.
Police crime statistics from April – June 2024, indicate an alarming increase in violence against women. The report cited 966 reported murders representing a 7.9 percent increase; 1,644 attempted murders, a 16 percent increase; 13,757 assault cases, a 6.9 percent increase; and 9,309 reported rape cases, reflecting a 0.6 percent increase compared to the same period in 2023.
Right to Education
In September, South Africa enacted the Basic Education Amendment Act which, among other provisions, makes one year of pre-primary education compulsory, and removes other barriers to access to education for all. The new law reaffirms the ban of corporal punishment by widening its definition to include “any act that seek to belittle; humiliate, threaten, and induce fear or ridicule the dignity of a learner” and protects undocumented children’s right to basic education. It empowers the minister of basic education to formulate regulations to provide comprehensive guidelines for pregnant and parenting learners.
The legislation does not however adequately fulfil the rights of students with disabilities to free, quality inclusive education. The authorities suspended implementation of certain provisions relating to language and admission policies for three months to enable further government consultations. South Africa expressed support for a proposal at the United Nations Human Rights Council for a new treaty to strengthen the right to free education.
The 2024 Education Facility Management System report indicates that, even eight years after the expiration of the deadline to eradicate pit latrines, approximately 1,770 public schools still have both “appropriate” facilities and pit latrines, while 287 public schools rely solely on pit latrines. The continued use of pit latrines in schools violates learners’ rights to quality education, water and sanitation, health, safety, and security. Reports of tragic incidents of children falling into pit latrines have persisted. On April 18, a three-year-old boy died after falling into a pit latrine at a daycare in East London. The government has pledged to eradicate pit latrines by March 2025.
Child Malnutrition
A 2024 UN Children's Fund (UNICEF) report lists South Africa among 20 countries accounting for 65 percent of children living in severe food poverty globally. The report notes that 23 percent of children in the country are classified in this category and are at risk of life-threatening malnutrition, stunting and cognitive delays. The minister of basic education cancelled a R10 billion (approximately US $550 million) school feeding scheme tender across 19,000 schools, citing corruption and inefficiency.
Older People’s Rights
Minimal increases to the amounts provided as part of social security entitlements for older persons have left millions with income levels below half of what they would earn if they worked 40 hours per week at the national minimum wage. Those requiring full-time care and support at home continued to face insurmountable financial barriers to accessing such services. Concurrently, provincial government budget cuts threatened to further diminish older people’s already limited access to community-based care and support services.
Climate Change
On July 23, President Cyril Ramaphosa signed the Climate Change Act, which aims to establish a robust response to climate change and facilitate a just energy transition to a low-carbon and climate-resilient economy, to align South Africa with its commitments under the 2015 Paris Agreement. The president is yet to proclaim a date for the law to be made operational, rendering its mechanisms unenforceable and key timelines uninitiated.
Rights to Health and Social Security
The right to health is significantly undermined by numerous challenges, including an overburdened public healthcare system, and a shortage of medical professionals. The country operates a two-tier and unequal healthcare system that creates disparities between those who can afford the cost of private insurance and those reliant on public services. The National Health Insurance Act, signed into law on May 16, amid reported threats of litigation to contest its validity, purports to address these disparities and ensure universal healthcare coverage for all individuals, irrespective of socioeconomic status, as guaranteed by the Constitution.
Repression of Human Rights Defenders
Abahlali baseMjondolo, a movement comprising urban shack dwellers advocating for land, housing, and dignity, has faced significant threats and violence from both state and non-state actors. According to a 2024 report by Amnesty International South Africa, 25 activists and members of this movement have been killed since its inception, with many of these deaths directly linked to their human rights work, aimed at curtailing their activism and whistleblowing efforts at local government level.
Foreign Policy and International Justice
As a member of the UN Human Rights Council, South Africa worked with Australia, Chile, and Finland to present the council’s first ever resolution affirming the rights of intersex persons. South Africa continued to play a leadership role on several other key issues, including on combatting racism. It supported the renewal of the HRC’s Fact-Finding Mission on Sudan and resolutions on the Occupied Palestinian Territory (abstaining on other contested country resolutions), and engaged to strengthen an EU-led council resolution on Afghanistan, particularly highlighting the need for further efforts to advance accountability for past and ongoing international crimes.
The International Court of Justice (ICJ) ordered provisional measures on January 26, March 28 and May 24, in South Africa’s case alleging that Israel is violating the Genocide Convention. The court adopted “provisional measures,” or binding orders, that include requiring Israel to prevent genocide against Palestinians in Gaza, enable the provision of basic services and humanitarian assistance, and prevent and punish incitement to commit genocide. Public hearings on South Africa’s most recent request for provisional measures, filed on 10 May, were held on May 16 and 17. Addressing the UN General Assembly on September 24, President Ramaphosa reiterated South Africa’s commitment to international solidarity with the people of Palestine. He stated, “We South Africans know what apartheid looks like…We will not remain silent and watch as apartheid is perpetrated against others.”