Human rights top of legal eagle’s agenda

PAVERSHREE Padayachee is at the forefront of fighting for human rights in South Africa.

Padayachee, 43, from Pietermaritzburg, is a senior legal officer for the South African Human Rights Commission (SAHRC). She is also the acting provincial manager for the commission’s KwaZulu-Natal branch.

The SAHRC is an independent organisation that aims to support constitutional democracy by promoting, protecting and monitoring the attainment of everyone's human rights in South Africa. The commission has led investigations into the July 2021 unrest and more recently, the April flood disaster in KZN.

In 1997, Padayachee matriculated from Heather Secondary School in Pietermaritzburg and enrolled at the then University of Natal, now known as the University of KwaZulu-Natal (UKZN).

In 2001, the mother of three completed a Bachelor of Social Science Degree and in 2003 she attained her law degree.

“I was admitted as an attorney in 2005 with the right of appearance in the High Court of South Africa. I am also an admitted conveyancer and notary public as well as an accredited mediator,” said Padayachee.

She joined the SAHRC in 2009. “I have been with the SAHRC for the past 13 years. It is the most fulfilling institution. I am responsible for managing all units within the KZN provincial office to ensure that the mandate of the commission is efficiently and effectively carried out.

“This entails promoting respect for human rights and a culture of human rights. We are also responsible for promoting the protection, development and attainment of human rights and to monitor and assess the observance of human rights in the Republic.”

Padayachee said the commission also conducted research on human rights-related issues or abuses.

“The three core programmes at the provincial level include the protection, promotion and monitoring units.

“These are responsible for investigating allegations of human rights violation; seeking appropriate redress where human rights have been found to be violated; conducting advocacy, education and awareness programmes; and monitoring the work and condition of various centres, departments and other organisations or institutions throughout the province.”

She said some of these included health care centres, places of deprivation of liberty, child and youth care centres as well as places that house the elderly and persons with disabilities.

“We have various mechanisms available to resolve and or address human rights violations some of which include conducting investigations and inspections in loco. In these instances, we may conclude by way of issuing investigative reports which contain findings and recommendations against the perpetrators, offending party, or parties.

“Over the years in the commission, I have encountered many grave human rights violations on a daily basis most of which have severely undermined the human dignity and basic human rights of many citizens. These include vulnerable groups such as women and children, the aged, mental health care users, persons with disabilities as well as the LGBTI community.”

She said they had conducted investigations and also instituted litigation in many of these matters to secure forms of appropriate redress for the victims.

“The nature of our work impacts the commission’s staff both on a professional and personal level as many of the issues we deal with are extremely sensitive, painful and dehumanising. Some of the matters which the KZN office has dealt with include the oncology crisis, which took place a few years ago that halted the oncology treatment of patients in the province.”

She said the commission was instrumental in restoring access to this basic and critical healthcare service.

“The commission also monitored the situation closely to ensure that the backlog of patients, which had built up, was attended to speedily.

“Following the flood disaster in April 2022 in the province, the commission has been working closely with the relevant authorities and other key stakeholders such as the respective departments, municipalities, and the provincial government to address the severe impact on the various affected communities. These communities are still unable to access basic rights, which include proper and/or suitable housing for all displaced persons, water and sanitation.”

Padayachee said following the July 2021 unrest, the commission conducted a hearing into the unrest and its report was currently being finalised.

“It seeks to address root causes as well as a number of shortcomings that occurred at the time by various parties or state actors. In September this year, the commission launched its Social Harmony National Effort Project also knowns as Shine.”

Padayachee said the aim was to change perceptions and behaviours and inspire a culture of dialogue to bring about unity and harmony. “With the high number of constant human rights violations being received on a daily basis, we cannot say that we are at a stage where enough is being done to address the persistent nature of gross and basic human rights violations.”

She said the commission was committed to ensuring that all allegations of human rights violations are investigated and adequately addressed. This, she said, was to ensure appropriate redress is secured for victims where possible or necessary.

“The KZN office accordingly encourages all citizens and communities to constantly work with and engage with the commission on these matters. It is also important to remember that every right also has a corresponding responsibility, and therefore we all play a critical role in reducing and eliminating human rights abuses or violations.”

She believes education, hard work and determination were the key to success. “These are also some of the most powerful weapons that you can use to change the world. Given my passion for human rights and my determination to advance the rights of the most disadvantaged persons in our society, in the next 10 years, I see myself remaining in the human rights sector.”

◆ For assistance, call 031 304 7323 or email kzncomplaints@sahrc.org.za