The South African Human Rights Commission (SAHRC) has pushed back against suggestions that it has been weakened by the Constitutional Court, insisting it remains a powerful defender of vulnerable communities despite a ruling that its directives are not automatically binding.
Responding on Thursday, the commission said it had taken note of the landmark judgment clarifying the scope of its powers under section 184 of the Constitution.
This follows outrage in some quarters, where activists and community groups feared the ruling could weaken one of the few accessible institutions available to poor South Africans by forcing vulnerable complainants into costly and lengthy court battles when directives are ignored.
‘Far from toothless’
“It must be stressed that recognising the absence of binding remedial powers does not diminish the constitutional importance of the SAHRC or render its work ineffectual,” said spokesperson Wisani Baloyi, quoting directly from the judgment.
“The SAHRC is far from toothless,” he added.
The case arose from a complaint by occupiers of De Doorn Hoek Farm in Mpumalanga, who alleged they had been denied access to water, a dispute striking at dignity, health and survival.
The commission investigated the complaint and issued directives to restore access to water. The legal battle then travelled through multiple courts before reaching the apex court. It was first heard in the Mpumalanga High Court, before the Supreme Court of Appeal ruled against the commission’s argument that its directives were binding.
That outcome was ultimately upheld by the Constitutional Court, which found that where a respondent refuses to comply, the SAHRC or complainants may approach a court for enforceable relief.
‘Judgment recognised value of SAHRC probe’
Baloyi said the judgment still recognised the value of the commission’s investigative work.
“The Court recognised that the SAHRC’s investigations and reports will ordinarily provide the evidentiary foundation necessary to advance such cases,” he said.
The ruling has sparked concern because the commission often acts as the first and most accessible avenue for poor and marginalised communities seeking help on issues such as housing, healthcare, education and discrimination.
Baloyi said the SAHRC had long warned that compulsory court enforcement in every dispute may slow justice.
“The commission has previously raised concerns that requiring enforcement through courts in all instances of non-compliance may delay the resolution of human rights violations, increase costs for affected persons and communities, and place additional strain on both institutional and judicial resources,” he said.
Despite that concern, the commission said it would continue fighting for complainants through every lawful avenue available.
Commission to keep fighting for the disenfranchised
“The commission is carefully studying the judgment and its implications for its work,” said Baloyi. “It remains committed to utilising all available mechanisms, including litigation where necessary, to ensure that effective redress is secured for those whose rights have been violated.”
The commission also stressed that its findings still matter and should not be ignored.
“The SAHRC emphasises that its findings and recommendations continue to carry significant weight and should be respected, given serious consideration, and implemented unless there are valid reasons not to do so,” Baloyi said.
As South Africa marks 30 years of constitutional democracy, the commission said it remained steadfast in promoting, protecting and monitoring human rights for all who live in the republic.
- The Constitutional Court ruled that SAHRC directives are not automatically binding, requiring court enforcement if ignored, sparking concerns about weakening the commission’s power.
- SAHRC clarified it remains a strong defender of vulnerable communities, emphasizing its investigative work and findings still carry significant weight.
- The case involved a dispute where farm occupiers in Mpumalanga were denied water access; after multiple legal battles, the apex court upheld that SAHRC directives need court backing to be enforceable.
- SAHRC warned that mandatory court enforcement in all cases could delay justice, increase costs, and strain resources, but it will continue using all legal avenues to support complainants.
- Marking 30 years of constitutional democracy, the commission reaffirmed its commitment to promoting and protecting human rights for marginalized and poor South Africans.
“It must be stressed that recognising the absence of binding remedial powers does not diminish the constitutional importance of the SAHRC or render its work ineffectual,” said spokesperson Wisani Baloyi, quoting directly from the judgment.
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Baloyi said the judgment still recognised the value of the commission’s investigative work.
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Baloyi said the SAHRC had long warned that compulsory court enforcement in every dispute may slow justice.
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Despite that concern, the commission said it would continue fighting for complainants through every lawful avenue available.
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