Chapter 1 - South African Human Rights Commission

• Community leaders.
• South African residents.
• Non-national residents.
Appendix A contains details of the submissions actually
received in relation to the research plan. Appendix B contains
details of the focus groups and police interviews conducted in
each selected community, and the broader findings from each
site. Appendix C contains summary descriptions of the findings
at the three sites visited by the SAHRC. Appendix D presents
the limitations of the SAHRC’s investigation methodology.
1.6 Structure for Analysing Issues
The analysis in this report is periodised, examining issues
related to three relatively loosely conceived, overlapping
time periods. Chapter 2, titled Prior to the Crisis, examines
issues that existed prior to the May 2008 crisis, which in one
way or another helped to create a context for the challenges
government subsequently faced. Chapter 3, During the Crisis,
examines issues that arose as government’s response to
the violence and displacement unfolded. This immediate
response period was concentrated from the outbreak of
attacks in Alexandra on 11 May 2008 until October 2008, after
the Gauteng displacement sites were closed. Chapter 4, After
the Crisis, examines ongoing issues that may have arisen
during the crisis but extended into the future from a durable
solutions perspective. The final chapter, Chapter 5, Role of the
SAHRC, examines the challenges faced by the SAHRC in 2008,
and its role beyond the publication of this report.
Each chapter addresses a range of themes, each of which is
analysed according to the following structure:
Findings
• This details the issue of potential concern which has
been identified
Explanation
• This details how the information on the findings was
gathered
Regulatory framework
• Domestic legal context – reference to specific South
African legislation supporting human rights in the
specific context
• Norms and standards – reference to international
best practice
Steps already taken to address the issue (if
applicable)
• This may include outstanding issues yet to be
addressed
Recommendations
• This details recommendations made in the context
of the investigation and outlines practical next steps
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REPORT ON THE SAHRC INVESTIGATION INTO ISSUES OF RULE OF LAW, JUSTICE AND IMPUNITY ARISING OUT OF
THE 2008 PUBLIC VIOLENCE AGAINST NON-NATIONALS