SAHRC on food donation restrictions: ‘Department violated human rights’

The Department of Social Development (DSD), led by Minister Lindiwe Zulu, violated human rights enshrined in the Constitution as a result of its restrictive regulations concerning food donations.

Jonas Sibanyoni of the South African Human Rights Commission (SAHRC) has confirmed that the DSD’s controversial directives on food donations delivered by non-governmental organisations (NGO) and civil societies are in contravention of the Constitution’s Bill of Rights.

This comes after the Democratic Alliance (DA) lodged an official compliant with the SAHRC, labelling Zulu’s crusade to control all food donation projects as ‘extremely harmful’. The MEC for Social Development in the Western Cape, Sharna Fernandez, first raised the alarm after being made aware of a ‘draft document’ penned by the DSD.

Restricting food donations during lockdown

According to Fernandez, the document proposed the banning of cooked food donations and the introduction of a permit system which would regulate all NGOs and private donors. The MEC argued that these government directives, if fully implemented, would come at a cost of food security for millions of South Africans.

Following a fierce public outcry, the DSD hit back at the DA’s allegations. Minister Zulu argued that the department was not looking to ban donations of cooked foodstuffs despite NGOs providing evidence of DSD directives to that effect. Zulu went on to slam the ‘uncoordinated approach’ of food relief schemes managed by NGOs, describing the situation as a serious health concern.

Zulu added that, in order to ensure the health and safety of South Africa’s most vulnerable citizens, directives would be issued to all NGOs and private donors. These directives, although undetailed at the time, alluded to tighter restrictions and control measures.

Earlier this week, Refiloe Nt’sekhe, the DA’s Shadow MEC for Social Development in Gauteng, confirmed that the matter had been brought to the SAHRC’s attention.

‘Department of Social Development has violated human rights’

In conversation with eNCA on Wednesday night, Sibanyoni confirmed that the SAHRC was looking into the matter with serious concern, adding:

“The South African Constitution says that everyone has got the right to food. As such, nobody can intervene and prevent the provision of food. That is why the Department of Social Development has been found to be violating the human rights as enshrined in Section 27 of the South African Constitution.”

The DSD has not yet responded to the Human Rights Commission’s findings which have yet to be published in an official report.