South African Human Rights Commission v Agro Data CC and Another (1448/2021)
South African Human Rights Commission v Agro Data CC and Another (1448/2021) [2022] ZAMPMBHC 58 (2 March 2022)
The court held that the SAHRC does not possess judicial or penal powers to issue binding remedial orders against private parties. Its constitutional and statutory mandate is to take steps to secure appropriate redress, not to grant final remedies. The directives issued by the SAHRC must be interpreted in context: those that constitute steps towards securing redress (such as facilitating engagement and information exchange) are actionable and cannot be ignored without consequence. However, directives that purport to grant final remedial relief (such as ordering restoration of water supply free…
Source excerpt
- Chapter 9 Institutions
- Extension Of Security Of Tenure Act
- Access To Water
- Binding Nature Of Directives
- Municipal Obligations
- Human Rights Redress