South African Human Rights Commission v Agro Data CC & Another (Afriforum, Centre for Applied Legal Studies and Commission for Gender Equality intervening as Amici Curiae) (39/2023)
South African Human Rights Commission v Agro Data CC & Another (Afriforum, Centre for Applied Legal Studies and Commission for Gender Equality intervening as Amici Curiae) (39/2023) [2024] ZASCA 121; [2024] 4 All SA 66 (SCA); 2024 (6) SA 443 (SCA) (15 August 2024)
The Supreme Court of Appeal held that the South African Human Rights Commission does not possess the power to issue binding directives under section 184(2)(b) of the Constitution or section 13(3) of the SAHRC Act. The Court found that the language of the Constitution and the SAHRC Act empowers the Commission to investigate, report, and take steps to secure appropriate redress, but does not confer adjudicative or coercive powers. The SAHRC's role is to facilitate, recommend, and assist affected persons, including by approaching courts or tribunals for relief, but its directives are not legally…
Source excerpt
- Chapter 9 Institutions
- Powers Of South African Human Rights Commission
- Binding Directives
- Appropriate Redress
- Extension Of Security Of Tenure Act
- Access To Water