Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834509627.pdf (South Africa)
Office of the Vice-Chancellor 28 June 2023 Mr Vhonani Ramaano Committee Secretary: Portfolio Committee for Justice and Correctional Services South African Parliament Cape Town sahrc@parliament.gov.za Dear Mr Ramaano, PARLIAMENT: CALL FOR NOMINATIONS- SAHRC COMMISSIONERS I hereby nominate Adv Andre Hurtley Gaum for Commissioner of the South African Human Rights Commission (Commission).

Adv.
Adv.

Gaum has a proven track record of advancing human rights in and outside the Commission and has served as Commissioner, at the Commission, championing innovative means of ensuring that the Commission delivers on its Constitutional mandate, particularly on matters concerning education.

Therefore, I unreservedly support his re-appointment as a full-time Commissioner to the Commission.
To supplement this nomination, I will outline several innovative efforts he has led whilst at the Commission, and I believe his CV will highlight other significant measures and roles he has played, making him an ideal candidate for him to continue in this position.

Below follows a few of these notable achievements.

1.
1.

In 2019, Adv Gaum led the Commission's efforts to become an amicus curiae in the Phakamisa Case, advocating that undocumented learners should not be denied access to schools based on their immigration status.

His strong legal acumen and persuasive arguments were instrumental in the Grahamstown High Court's ruling, which declared the circular issued by the Eastern Cape Department of Education as inconsistent with the Constitution.
As a result, the Department was ordered to withdraw the circular immediately, ensuring the protection of the right to a basic education for all learners.

2.

Adv Gaum has further been instrumental in establishing strategic partnerships between the Commission and universities across the country.

From 2021 to 2023, he spearheaded efforts to secure memoranda of understanding (MOUs) with over ten universities, including the university I lead, Rhodes University.
These MOUs serve as crucial platforms for collaboration on issues of mutual interest and technical expertise.

By leveraging the resources and knowledge of academia, Adv Gaum has facilitated 1 valuable partnerships that enhance the Commission's capabilities in addressing issues related to diversity and technical expertise.

3.
3.

In addition, Commissioner Gaum has played a pivotal role in fostering a partnership between the South African Human Rights Commission and the University of Cape Town's Online High School.

This initiative aimed to provide accelerated access to online learning, with a particular focus on girl children residing in rural areas.
During the pilot phase of this collaboration, up to 14 students from the Valley of a Thousand Hills in KwaZulu-Natal were granted access to a quality online high school education through UCT Online High School.

Adv Gaum's leadership and dedication to expanding educational opportunities have made a significant impact on the lives of these students.
The eventual aim is to upscale the project for the benefit of thousands of poor and marginalized learners across the country, especially for those from rural communities.

4.

In 2021, Adv Gaum established and chaired a Section 11 Committee on the Right to Read and Write.

This committee consisted of distinguished South African experts in the fields of education, literacy, language, disability, economics, and constitutional law.
Its purpose was to provide guidance to the Commission on defining minimum reading norms and the concept of "reading for meaning."

Collaborating with the committee, Adv Gaum oversaw the preparation of a position paper based on a framework adapted from the Progress in International Reading Literacy Study.

This document provides a clearly articulated and measurable definition of reading and writing with understanding by the age of ten, along with the minimum requirements necessary to achieve this goal.
As a result of this work, Adv Gaum was invited to serve together with me and other stakeholders on the esteemed 2030 Reading Panel, with the purpose to call for fundamental reforms to ensure that all children read for meaning by age 10 by 2030.

The Panel is Chaired by Dr Phumzile Mlambo-Ngcuka, former Deputy President of South Africa and UN Assistant Secretary-General.

Adv.
Adv.

Gaum is also, together with other stakeholders in the Education Sector, involved in the Right to Read Regulations Campaign, which aims to inter alia introduce national regulations for early grade literacy.

5.

Commissioner Gaum is also currently leading the development of an online human rights course for university students.
Recognizing the Commission's mandate to educate the South African public on human rights, as outlined in Section 184(2)(d) of the Constitution, Adv Gaum acknowledges the critical role that institutions of higher learning play in advancing human rights, democracy, and constitutional principles.

Universities serve as custodians of knowledge and institutional memory, and they also play a pivotal role as educators, imparting knowledge to shape active participants of democracy.
Given the influential role of public universities in shaping discourse, Adv Gaum believes that investing in an online human rights course for university students would be an effective means of promoting human rights values and principles among the younger generation.

2 These are but a few of Adv Gaum’s achievements at the Commission.

Adv.

Gaum has shown leadership as a Commissioner and has worked tirelessly to ensure that the Commission delivers on its mandate.
His re-appointment will ensure that he continues these and other initiatives, and that the Commission will benefit from the reserve of knowledge and activism he has shown.

I am available to be contacted for any further information required concerning my nomination of Adv Gaum to serve a second term in the Commission.
Yours sincerely, ------------------------- Prof Sizwe Mabizela Vice-Chancellor: Rhodes University 3 Mr Vhonani Ramaano Committee Secretary: Portfolio Committee for Justice and Correctional Services Parliament Cape Town sahrc@parliament.gov.za Dear Mr Ramaano, ACCEPTANCE OF NOMINATION TO SERVE AS COMMISSIONER, SOUTH AFRICAN HUMAN RIGHTS COMMISSION I, André Hurtley Gaum (ID number xxxxxxxxx) hereby accept the nomination of Prof. Sizwe Mabizela (Vice-Chancellor: Rhodes University) to serve a second term as Commissioner of the South African Human Rights Commission.
Yours faithfully, CURRICULUM VITAE Adv André Hurtley Gaum • • • • • • Date of Birth: ID Number: Gender: Male Physical address: E-mail: Mobile: Academic / Professional Qualifications • BA-degree in Law (University of Stellenbosch).

• LLB (University of Stellenbosch).

• LLM (Master’s Degree in Constitutional Law – University of Stellenbosch).

• Certificate in Labour Law (University of Stellenbosch).

• Admitted as Attorney of the High Court of the Republic of South Africa in 1995.
• Admitted as Advocate of the High Court of the Republic of South Africa in 1995 Career/Memberships/Positions/Other Activities  Full-time Commissioner of the South African Human Rights Commission (SAHRC) since 3 January 2017: focus areas: Education, Equality (temporarily after the passing away of the previous Deputy Chairperson) and, since recently, Disability.
SAHRC responsibilities include: o Member of the Legal Sub- Committee o Chairperson of the Sub-Committee on the Conferment of Powers and Assignment of Functions (to the Chairperson, Deputy Chairperson and Commissioners) o Chairperson of the Sub-Committee on Office Space: Head Office and Gauteng Office o Member of the Sub-Committee on the Performance Management of the CEO o Chairperson of the Section 11 Committee on the Right to Read and Write o Chairperson of the Section 11 Committee on the Development of an Online Human Rights Course for University Students o Chairperson of the Section 11 Committee on Disability o Chairperson of the Section 11 Committee on Education  Parliamentary Liaison Officer to the Deputy Minister of Home Affairs, also providing advice on legal, legislative and policy matters (2014 to 2016).
 Member of Parliament of the Republic of South Africa, ANC Whip: o Home Affairs Portfolio Committee and Constitutional Review Committee o Member of the National Assembly Rules Committee and the Joint Rules Committee o Member of the Interim Joint Committee on the Scrutiny of Delegated Legislation o Member of the Ad Hoc Committee on the Report of the Public Protector on the IEC's procurement of the Riverside Office Park offices (end 2010 – May 2014).
 Legal Advisor to the Minister of Cooperative Governance and Traditional Affairs (2010).

 Deputy Minister of Education of the Republic of South Africa (5 November 2008 – May 2009).

 MEC for Education in the Western Cape Provincial Government (2001 – 2004).

 Member of the Western Cape Provincial Parliament (2001– 2004).

 Member of the Portfolio Committee for Safety and Security (2000 – 2001).

 Member of the Joint Constitutional Review Committee (1999 – 2000, 2005 – 2008 and 2011 to 2014).
 Member of the Portfolio Committee for Education (1999 – 2000 and 2004 – 2008).

 Involved (in an advisory capacity) in the final stages of the negotiation process leading to the Constitution of the Republic of South Africa, Act 108 of 1996.

 Stellenbosch Municipal Councillor (1995 – 1999).

 Legal Advisor (1995 – 1999).

 Office of the State Attorney- Involved in litigation on behalf of the State.

(1992 – 1995).

 State Prosecutor (1992).

 Honorary (Merit) Colours: University of Stellenbosch.
 Member of Students’ Representative Council (SRC): University of Stellenbosch (1988 – 1991).