Peter Marais to be Investigated by Public Protector and Human Rights Commission

04 June 2002

The South African Human Rights Commission and the office of the Public Protector have confirmed that they have both received a complaint from Mr Andre du Plessis regarding the alleged homophobic, religiously insensitive and unconstitutional statements recently made by the erstwhile Premier of the Western Cape, the Hon Mr Peter Marais MPL. It is considered both appropriate and necessary that this investigation be pursued at this time in order to address the allegation made in the complaint received that at least one individual perceives his rights to have been breached by Mr Marais� conduct.

The two institutions have been established in terms of Chapter Nine of the Constitution to strengthen constitutional democracy and are empowered to investigate alleged breaches of the fundamental human rights enshrined in the Constitution and alleged improper conduct causing improper prejudice by persons in public office.

Although the complaint was received while Mr Marais was still Premier, and he has since resigned, Mr Marais has indicated that he views his resignation as a temporary measure until such time as he has dealt with the various allegations against him. The prospect therefore remains that he may return to the office of Premier. Furthermore, it is the view of the two institutions that, regardless of the identity of the incumbent at any particular time, it is necessary for the strengthening of our democracy that the question of what is or is not appropriate conduct by an incumbent of such office be considered whenever it arises.

As the subject matter of the complaint dealt with various issues that fall within the respective jurisdiction and area of expertise of each of the institutions, and in order to avoid any duplication of effort, the two institutions have engaged in consultations concerning the most appropriate and expeditious manner in which to investigate the complaint.

It has, consequently, been agreed that the Human Rights Commission and the Public Protector will co-ordinate their enquiries in order to ensure a coherent investigation, and will co-ordinate the release of their findings in order to effectively address public concerns. Because of the public interest in the subject matter of the complaint, both agencies have requested Mr Marais� urgent assistance in order to finalise their investigations expeditiously.

Please direct any additional enquiries to:

Mr Victor Southwell
Provincial Co-ordinator: Western Cape, South African Human Rights Commission
(021) 426-2277

and

Adv Gary Pienaar
Regional Representative: Western Cape, Office of the Public Protector
(021) 423-8644