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.
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