Constitutional Court rules SA Human Rights Commission must approach courts to enforce findings
via The Citizen2 min read
The Constitutional Court has unanimously ruled that the SA Human Rights Commission SAHRC must approach a competent court to enforce its findings, clarifying the extent of the commission's powers. The judgment states that SAHRC directives are recommendations, not binding orders, and that litigation is the appropriate mechanism when respondents do not comply. Justice Steven Majiedt, who delivered the judgment, explained that the SAHRC's role is facilitative, not coercive, allowing it to investigate, report, and assist in securing redress, but not to impose legally enforceable obligations itself. When recommendations are ignored, the SAHRC or affected parties must approach a court for relief. This ruling stems from a 2018 dispute in Mpumalanga where farm owner Gerhardus Boschoff restricted a family's access to water. After Boschoff refused to comply with SAHRC directives, the commission sought a high court order declaring its directives legally binding, which was dismissed. The ConCourt confirmed that the SAHRC does not have the power to issue binding remedial orders, a power associated with the Office of the Public Protector. The court emphasized that pursuing enforcement through the courts is the commission's proper constitutional role when faced with non-compliance.
Free daily or weekly digest of the most important stories from across 10 countries. No spam, unsubscribe any time.
This summary was AI-generated from a story originally published by The Citizen.
The South African Communist Party SACP has stated it will not direct its members to resign from government positions, despite escalating tensions with the African National Congress ANC. This decision comes after the SACP chose to contest elections independently for the first time in democratic South Africa. ANC secretary-general Fikile Mbalula indicated that ANC members holding dual membership must choose which party to campaign for, threatening punishment for those who campaign for the SACP without declaring it. The SACP's spokesperson, Mbulelo Mandlana, described Mbalula's stance as "intimidation" and unacceptable, asserting that members are free to make their own decisions regarding campaigns as long as they adhere to electoral laws. Mandlana also stated that the SACP will not demand declarations from its members. The SACP maintains confidence in its electoral plans and will not backtrack on its decision to contest elections independently, despite concerns raised by some high-ranking ANC members about the SACP's funding and support. The historic relationship between the ANC and SACP, forming the tripartite alliance, dates back to the 1920s, but the SACP has accused the ANC of disrespecting the alliance and moving away from its core ideals, citing concerns about corruption and abuse of state power.
The Western Cape's tourism sector generated nearly R26 billion from 1.5 million international visitors in 2025, contributing a quarter of South Africa’s total tourism revenue. New data from South African Tourism indicates an 11.1% increase in international arrivals, with the United Kingdom and Germany remaining the largest source markets. Western Cape Minister of Agriculture, Economic Development and Tourism Ivan Meyer highlighted that this growth directly creates jobs, reinforcing the province's position as having the country's lowest unemployment rate. Domestic tourism also saw a sharp rebound with approximately four million overnight trips, a 15.4% increase, and the highest average domestic spend per overnight trip at R3,172. The province's commitment to responsible tourism was recognized at the WTM Africa Responsible Tourism Awards 2026, where organizations like the V&A Waterfront Academy and Table Mountain Aerial Cableway Company received Gold Awards. The provincial government plans to refine its tourism strategy to promote value-for-money offerings, expand travel beyond major hotspots, and support responsible tourism practices to ensure sustained growth and job creation.
Former Tshwane mayor Cilliers Brink has responded to ANC secretary-general Fikile Mbalula's accusations regarding the looting of the municipality's coffers, which were exposed in the Madlanga Commission of Inquiry. Mbalula blamed the DA for Tshwane's financial difficulties, citing Brink's tenure as mayor and the ongoing challenges. Brink, however, attributed the corruption and tender fraud to the ANC, stating that revelations at the Madlanga commission concerning suspended CFO Gareth Mnisi's conduct occurred after the DA-led coalition was replaced by an ANC-led coalition in October 2024. Brink also highlighted that Eugene Modise, the ANC regional chairman and current MMC for finance, has been implicated in a forensic report for unlawfully benefiting from a city contract, yet no action has been taken against him. Brink criticized Mayor Nasiphi Moya for not suspending Modise, despite her commitment to implementing the commission's recommendations. The DA brought a motion for a full investigation into the commission's revelations, but it was not carried due to the premature adjournment of a council meeting.
A new national program launching this month aims to equip doctors in South Africa with entrepreneurial skills to build and manage sustainable medical practices. Run by the Regenesys School of Entrepreneurship in association with the health and welfare Sector Education and Training Authority, the six-month program will train up to 1,000 doctors, focusing on those entering private practice or establishing independent healthcare ventures. It addresses the challenge medical professionals face in balancing clinical excellence with business realities, providing training in business design, medical billing, regulatory compliance, and partnerships. The program also offers a funding pathway, with R100,000 grants for the top five practitioners and access to loans of up to R1 million from RH Fund Managers. Dr. Reabetswe Kgoroeadira, CEO of the Regenesys School of Entrepreneurship, stated that the initiative fills a critical gap by enabling doctors to extend their impact beyond the consulting room. The fully funded program targets unemployed doctors, those completing community service, and professionals transitioning into private practice, aiming to foster a new generation of healthcare entrepreneurs to improve access, efficiency, and innovation in the sector.