South Africa’s apex court, the Constitutional Court of South Africa, has clarified the powers of the South African Human Rights Commission (SAHRC), ruling that its directives are not legally binding.
In its judgment, the court confirmed that while the commission plays a critical watchdog role, it must approach the courts to enforce its findings.
The SAHRC had approached the court to appeal a ruling by the Supreme Court of Appeal, which found that the commission cannot issue legally binding directives.
Handing down judgment, Justice Steven Majiedt emphasised that the commission remains a powerful institution despite the limitations.
“The Human Rights Commission is far from toothless. Its influence lies in the deployment of the powers conferred upon it by the Constitution and the SAHRC Act, including the exercise of extensive investigative authority, the support of litigation, the shaping of the conduct of state officials, the informing of public debate, and the exertion of normative pressure on organs of state and private actors alike,” Majiedt said.
He added that the commission’s strength lies in its ability to act in ways courts cannot, particularly in shaping public discourse and holding institutions accountable.
Meanwhile, the ruling has raised important questions about the balance between accountability and enforcement, especially for individuals who rely on the SAHRC to protect their rights.
Executive Secretary of the Council for the Advancement of the South African Constitution, Lawson Naidoo, said the judgment provides important clarity on the role of Chapter 9 institutions.
“I think it’s a very important judgment because it clarifies the role and functions of the Human Rights Commission in South Africa,” Naidoo said.
He explained that while the SAHRC has a broad mandate to protect, promote, and advance human rights, it differs from institutions like the Public Protector, which has the power to take binding remedial action.
“The court drew a very sharp distinction between these two entities, saying that not all Chapter 9 institutions are the same,” he said.
Naidoo added that the SAHRC remains an influential body with significant investigative powers and the ability to shape policy and public debate, even without binding authority.
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