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    Phoenix KZN Launch 1

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    Mmangaliso Khumalo
    The CRL Rights Commission investigated the civil unrest that occurred in Phoenix, South Africa in July 2021. The investigation found that (1) adversarial relationships between African and Indian communities due to a history of mistrust and racism; (2) economic dominance of Indians in the area marginalized Africans; and (3) a lack of integration in spatial planning and schools exacerbated tensions. The Commission recommended programs to address racism, economic upliftment of African communities, and policies to promote diversity, cultural activities, and language representation in policing.

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    Phoenix KZN Launch 1

    Uploaded by

    Mmangaliso Khumalo
    227 views23 pages
    The CRL Rights Commission investigated the civil unrest that occurred in Phoenix, South Africa in July 2021. The investigation found that (1) adversarial relationships between African and Indian communities due to a history of mistrust and racism; (2) economic dominance of Indians in the area marginalized Africans; and (3) a lack of integration in spatial planning and schools exacerbated tensions. The Commission recommended programs to address racism, economic upliftment of African communities, and policies to promote diversity, cultural activities, and language representation in policing.

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    Phoenix July Unrest

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    Phoenix Kzn Launch 1

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    The CRL Rights Commission investigated the civil unrest that occurred in Phoenix, South Africa in July 2021. The investigation found that (1) adversarial relationships between African and Indian communities due to a history of mistrust and racism; (2) economic dominance of Indians in the area marginalized Africans; and (3) a lack of integration in spatial planning and schools exacerbated tensions. The Commission recommended programs to address racism, economic upliftment of African communities, and policies to promote diversity, cultural activities, and language representation in policing.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    227 views23 pages

    Phoenix KZN Launch 1

    Uploaded by

    Mmangaliso Khumalo
    The CRL Rights Commission investigated the civil unrest that occurred in Phoenix, South Africa in July 2021. The investigation found that (1) adversarial relationships between African and Indian communities due to a history of mistrust and racism; (2) economic dominance of Indians in the area marginalized Africans; and (3) a lack of integration in spatial planning and schools exacerbated tensions. The Commission recommended programs to address racism, economic upliftment of African communities, and policies to promote diversity, cultural activities, and language representation in policing.

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    of 23

    INVESTIGATIVE

    HEARINGS INTO THE


    CAUSES OF JULY 2021
    CIVIL UNREST IN
    PHOENIX REPORT
    REPORT LAUNCH
    AHA GATEWAY HOTEL
    DURBAN
    29 JANUARY 2024
    INTRODUCTION

    • Th CRL Rights Commission noted with concern about the


    unprecedented unrest that engulfed Phoenix and the surrounding
    areas with the resultant injuries, destruction of properties and loss of
    human life.
    • For that the CRL Rights Commission expresses its heartfelt
    condolences to all the affected families.
    THE MANDATE OF THE CRL RIGHTS
    COMMISSION
    • The Commission derives its mandate from the Constitution in terms of
    s.185(1) and the CRL Act 19 of 2002.
    • S185(1) of the Constitution and s.4 of the CRL Act list the objects of the
    Commission as follows:
    a. to promote respect for the rights of cultural, religious and linguistic
    communities;
    b. to promote and develop peace, friendship, humanity,
    tolerance and national unity among cultural, religious and linguistic
    communities, on the basis of equality, non- discrimination and free
    association.
    c. to foster mutual respect among cultural, religious and linguistic
    communities.
    THE MANDATE OF THE CRL RIGHTS
    COMMISSION
    d. to promote the right of communities to develop their
    historically diminished heritage.
    e. to recommend the establishment or recognition of community
    councils in South Africa.

    • Further, s,5(1)(e) of the CRL Act lists one of the power of the
    Commission to :
    Monitor, Investigate and Research any issue concerning the
    rights of cultural, religious and linguistic communities.
    THE RATIONALE FOR THE
    INVESTIGATIVE HEARINGS
    The rationale for the hearings was to give effect to the CRL Rights
    Commissions’ powers of protecting and promoting the rights of
    cultural, religious and linguistic communities, as they seemed to have
    been violated.
    There by:
    1. Investigating the cause of events that led to the unrest;
    2. Facilitating the resolution of conflict between the two
    communities;
    3. Identifying programmes and activities that will foster and promote
    peace, friendship, humanity, tolerance and social cohesion,
    culminating in the communities living together.
    STAKEHOLDERS
    The CRL Rights Commission met with the following stakeholders:
    • Community Leaders from Phoenix, Inanda, Amawoti, Kwa-Mashu,
    Verulam, Bambayi and Zwelitsha;
    • uNdlunkulu wase Matheni (former Deputy Chairperson of KZN
    Provincial House of Traditional Leaders);
    • uMntwana wakwa Minyamanzi and some Izinduna’s;
    • Members of the Interfaith Organization;
    • Civil Society Organization (SANCO);
    • Members of the Peace Committee;
    STAKEHOLDERS ……(cont.)
    • Members of the Phoenix Community Policing Forum;
    • Youth Structures;
    • Women Organizations;
    • Some Families of the Deceased;
    • Some Victims of the Violent Attacks; and
    • Some Members from the Two Communities;
    FINDINGS
    FINDINGS
    1. ADVERSORIAL RELATIONSHIPS BETWEEN MEMBERS OF THE AFRICAN
    AND INDIAN COMMUNITY
    • The mistrust and suspicions of the Africans by Indians, allegedly led to the
    killings of Africans by Indians, as cited by some community members may
    have its historical origin in 1949.
    • Further it was cited we that the causes of the unrest are criminality,
    organized groups and inequality.
    • This mistrust and suspicion makes it difficult for the Phoenix and
    surrounding areas communities to co-exist and foster the values of
    friendship, peace, humanity, tolerance based on equality, non-
    discrimination and free association.
    • As a result, 2021 unrest found a ready fertile ground to spread mistrust and
    suspicion between the communities.
    FINDINGS………(cont.)
    2. RACISM
    • CRL Rights Commission found that racism is prevalent in Phoenix and
    it has a negative impact in the lives of the African people in terms of
    economy, public service, etc.
    • An inherent systematic prejudice exists and it continues to
    marginalizing the African people. This provides a collective power of
    one group over the other.
    • Racism is allegedly pervasively present in Phoenix and surrounding
    areas and it has been brought to the attention of the CRL Rights
    Commission and at how it affects the communities.
    FINDINGS………(cont.)
    3.ECONOMIC DOMINANCE OF INDIANS IN ETHEKWINI
    • CRL Rights Commission found that economic dominance of Indians in
    Ethekwini especially when it comes to control, ownership and
    management of the economy is still prevalent.
    • As exemplified by some woman from Emawote who said “we have
    nothing, our lives are in Phoenix, where they have ATMs, garages,
    supermarkets, clinics, schools, jobs, hospitals and many other
    facilities”.
    • CRL Rights Commission found that as a result of the lack of access to
    economic facilities, many cross the bridge daily to go to Phoenix for
    everything they need.
    FINDINGS………(cont.)
    4. SPATIAL PLANNING
    • CRL Rights Commission found that the challenge is not about spatial
    planning because the space is limited but the issue here is about
    tolerance and the integration of the communities to share the space
    for a maximum collective benefit.
    • CRL Rights Commission also found that there is lack of integration to
    promote diversity and social cohesion and therefore CRL Rights
    Commission encourages integrative spatial planning as a norm.
    FINDINGS….cont.
    5. SCHOOLS
    • CRL Rights Commission found that many pupils migrate from
    Emawote to Phoenix for schooling daily.
    • The staffing model in these schools is skewed in favour of members
    from the Indian community, and thus lacking a proper community
    representation.
    • The school’s staffing model, dehumanises African teachers and
    portrays them as not good for anything else but to only teach isiZulu.
    • We found that appointments of teachers were not in consistent with
    skills possessed by the individuals.
    FINDINGS….cont.

    6. LANGAUGE BARRIER AT THE PHOENIX POLICE STATION


    • CRL Rights Commission was informed of the alleged domination of
    Indian community in police stations of which most do not speak
    Isizulu.
    • As a result, many people from the African community find it difficult
    to report majority of incidents to the police, due to the language
    barrier.
    • We found that language barrier is against the spirit of equitable usage
    of all official languages.
    •RECOMMENDATIONS
    RECOMMENDATIONS………..cont.
    1. KZN Departments of Sports, Arts and Culture

    • CRL Rights Commission recommends the sterngthening of the social


    cohesion activities through programmes of cultural activities and sports to
    foster tolerance.

    • We recommend alternative conflict resolution programmes to attend to


    conflicts before they explode.

    • We recommend Inter sports activities like soccer, swimming, netball etc., to


    be held frequently as a way of encouraging an interaction between the two
    communities.
    RECOMMENDATIONS………..cont.

    2. RACISM
    • Programs that address racism mindset change which affirms the
    humanity of others irrespective of race gender and language, must be
    introduced in schools and communities.
    • Anyone who is found to be a racist must be charged and be made to
    serve his sentence in the prejudicial community, in order to combat
    racism in all its forms must be every bodies business.
    RECOMMENDATIONS
    3. Kwa-Zulu Natal Department of Economic Development, Tourism and
    Environmental Affairs

    • CRL Rights Commission recommends that deliberate investments to uplift


    the lives of African communities in rural and urban communities must be
    promoted through legislations and ongoing programmes of action, which
    shall assist the communities to develop economically and improve their
    socio-economic conditions.

    • This, we believe, shall help promote social cohesion, inclusivity and


    diversity.
    RECOMMENDATIONS………..cont.
    4. Government

    • CRL Rights Commission recommends that government should build a


    statue in remembrance of people who lost their lives during the 2021
    Unrest.
    RECOMMENDATIONS………..cont.
    5. Department of Education

    • KZN Provincial Department of Education must introduce policies which address


    the fact that the qualified African educators, especially those in formerly Indian
    only schools, are not just there to teach IsiZulu only, but should equally be
    interviewed and recommended to teach mainstream subjects and be promoted
    as heads of other subjects as well.

    • Both the National and Provincial Departments of Education should develop


    programmes which will instil the values of Ubuntu and cultural diversity in all
    school's country wide..

    • This shall help promote friendship, respect and humanity among communities.
    RECOMMENDATIONS………..cont.
    6. KZN Provincial Police

    • CRL Rights Commission recommends that South Africa Police


    Service should also address the issue of language barrier at their
    different stations.

    • There should be a constant geographical rotation of police personnel


    from one area to another, as posting police personnel in one arear for
    a long time could make them complacent.
    RECOMMENDATIONS………..cont.

    7. Cleansing Ceremony

    • In the African culture, cleansing is a necessary ritual to appease, acknowledge and


    recognise those who have gone before.

    • Therefore, cleansing and healing is the restoration of the relation between the living
    and the dead.

    • For this reason, we recommend a collective cleansing encompassing multi-cultural


    and multi-religious communities.
    • The CRL shall be the facilitator of this process.

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