The South African Human Rights Commission (SAHRC) has released its Final Inquiry Report into the 2024 unrest at Walter Sisulu University (WSU), concluding that the South African Police Service (SAPS) used force in violation of national laws and failed to meet constitutional standards. The report was released on Thursday. The unrest, which took place on and around 27 May 2024, resulted in multiple injuries and exposed systemic weaknesses in protest management by the university, security personnel, and oversight bodies.
The Commission’s Eastern Cape Provincial Office conducted a detailed investigation that included medical evidence, ballistic analysis, institutional submissions, and testimony from affected students, security personnel, SAPS officers, and oversight institutions. The inquiry found that the protest began on 23 May 2024 as a peaceful, rights-based demonstration following the submission of a memorandum by student representatives.
According to the report, private security intervened the next day, firing rubber rounds and deploying chemical agents against seated students. By 27 May, the protest had escalated toward the N2 highway, where SAPS tactical units engaged the students. The Commission noted that these units were not trained for public order policing, which contributed to the disproportionate use of force.
Fourteen individuals required hospital treatment following the engagement, nine of whom were confirmed to be students, and three sustained life-threatening injuries. Ballistic and photographic evidence indicated that rubber ammunition was discharged, along with prohibited 5.56 mm and 9 mm rounds.
The SAHRC found that while some students engaged in isolated unlawful acts, the majority remained peaceful and constitutionally protected. “The evidence shows that students largely remained unarmed and peaceful until force was used against them,” the report stated. The Commission also noted that disinformation, including a false social media post claiming student fatalities, contributed to confusion and escalated tensions, highlighting the importance of rapid, accurate institutional communication.
The report identified failures across multiple institutions. Walter Sisulu University did not activate mediation mechanisms, private security used unlawful crowd-control methods, and SAPS applied force inconsistent with legal standards. Oversight bodies also failed to investigate the incidents in a timely manner, revealing gaps in accountability and coordination.
Key recommendations issued by the Commission include retraining SAPS members on National Instruction 4 of 2014 and Standing Order 262, instituting disciplinary action for officers implicated in unauthorised firearm use, and prioritising the rollout of body-worn cameras for Public Order Policing units. The report also calls for prohibiting the deployment of the National Intervention Unit and Tactical Response Unit to protest sites unless operating under public order policing command. SAPS and the Department of Community Safety are required to develop a rapid verification protocol to address false online content during protests.
Walter Sisulu University is instructed to engage with its Student Representative Council to resolve outstanding grievances, review private security contracts to remove crowd-control duties, adopt a human-rights-compliant protest protocol, and provide rehabilitation and academic support to injured students. The Private Security Industry Regulatory Authority (PSiRA) and Independent Police Investigative Directorate (IPID) have been urged to initiate investigations into security and police conduct, respectively.
The SAHRC also recommended national-level measures, including a directive from the Department of Higher Education and Training requiring all universities to adopt constitutional protest management protocols, convening dialogues with student representatives, and amendments to the Regulation of Gatherings Act to remove arbitrary thresholds and clarify consultation requirements.
The Commission emphasised that protest is a constitutionally protected form of democratic participation and urged all institutions to respect human dignity while facilitating lawful assemblies. The SAHRC stated that it will monitor compliance with the recommendations and may convene follow-up proceedings if necessary.
The full report is available on the SAHRC website, and the Commission reaffirmed its commitment to ensuring that public institutions uphold the law while safeguarding citizens’ rights during protests.
