Professional Documents
Culture Documents
Toerien
9 Totius Street
Langenhoven Park
9330
South Africa
23 July 2009
Dear members
I have laid a complaint against the Free State Provincial Legislature’s Public
Account’s Committee (Scopa) in 1996 with the Public Protector. As this
complaint has since prescribed due to the delay, this complaint does not
relate or requests the Human Rights Council Division to address the original
complaint, but the infringement of my human rights on the grounds that a final
finding has not yet been released after 13 years.
In the process I can not find any closure on the original matter and my career
is adversely affected, also affecting my family.
I have written and faxed a letter, copy pasted hereunder, on 13 July 2009
requesting to release a final finding within ten days, or otherwise make
alternative arrangements with me. I am even prepared to accept the
provisional finding which still contained some mistakes to which I have
responded at the time (several years ago) simply to find some closure. I have
not received any response however – something which severely frustrated
met and lawyers who assisted met pro amigo over the years.
• It also flings in the face of the right to Freedom and security of a person
(section 12 and especially the part that reads s follows: “Everyone has
the right to freedom and security of the person, which includes the right
not to be deprived of freedom arbitrarily or without just cause; not to be
detained without trial; to be free from all forms of violence from either
public or private sources; not to be tortured in any way; and not to be
treated or punished in a cruel, inhuman or degrading way.” (My
bolding). This is echoed in Article 5 of the Universal Declaration, both
references making it equally clear that the scope is not limited to
punishment, but also to treatment. Cachalia and others relate to this:
“…the section seeks to protect persons from seven different modes of
conduct: Torture; cruel treatment; cruel punishment; inhumane
treatment, inhumane punishment; degrading treatment; and degrading
punishment.” 2 In Denmark et al v Greeve the European Commission
on Human Rights included “treatment which grossly humiliates an
individual” as “degrading treatment” 3
Yours truly
Herman Toerien
Please note that this matter dating from 1996 has not yet been finalized by
your office. A summary is herewith attached.
I clearly understand that the matter has long since prescribed, and it is a
simple matter of getting closure.
The last correspondence I received was dated 3 October 2003 when I was
informed that my file is being transferred back to Pretoria.
An interim finding was made some years ago, to which I had to respond and
which I did. The interim finding to a large extend was a positive finding which
would have gone a long way giving me closure, although it still required some
clarity on matters which I immediately submitted.
Even though not quite satisfactorily, simply in an effort to finally get closure
and prove to people who matter to me that I am not to be blamed for what
transpired, especially in the Scopa hearing, I would settle for the interim
finding to be issued as final report.
I believe it would be clearly understood that the feet dragging in this case over
such an extended period is a gross infringement of my human rights, and I
therefore urgently request that a final report be availed by 23 July 2009,
unless specific arrangements are made with me.
Thank you kindly
M.H. Toerien
(Letter faxed on 13 July 2009, proof can be submitted).
He laid his first complaint about two years ago, on the basis
that the legislature had erred by not recommending compensation for
him, and by claiming that he had resigned.
Soon after the letter was sent Toerien was advised by his
attorney that the Public Protector had responded, and wanted to
know whether the matter still needed to be addressed. In
anticipation of the Public Protector's intervention, Toerien
withdrew his letter to the legislature.