-
The SAHRC sets up a station ahead of its load reduction inquiry.
The Constitutional Court has told the South African Human Rights Commission (SAHRC) that its absence of legally binding powers does not diminish its constitutional importance.
Handing down judgment on Wednesday, the Constitutional Court ruled that the SAHRC cannot enforce its own directives.
The Commission had approached the court to appeal a Supreme Court of Appeal ruling that it cannot issue legally binding directives.
In a unanimous judgment, the court emphasised that although the Commission cannot legally enforce its findings, it is not “toothless”.
Justice Steven Majiedt says, “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. Properly understood, the SAHRC’s strength lies precisely in its capacity to act in ways that courts cannot.”
Read here: Media Advisory – CC judgement on powers of the SAHRC
