South Africa Case Law

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)

Court

Supreme Court of Appeal

Case number

39/2023

Judges

Mocumie, Mbatha, Mothle, Mabindla-Boqwana, Tolmay

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

Botha v Commission For Gender Equality and Others (58057/2021)

Botha v Commission For Gender Equality and Others (58057/2021) [2023] ZAGPJHC 149; [2023] 6 BLLR 598 (GJ); (2023) 44 ILJ 1796 (GJ) (15 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

58057/2021

Judge

Dlamini

Section 194(3)(a) of the Constitution is clear and unambiguous: only the President may suspend a Commissioner of a Chapter 9 institution, and only after the commencement of removal proceedings by a committee of the National Assembly. The Commission for Gender Equality's Code of Conduct cannot confer upon itself a power that the Constitution reserves for the President. The Commission's suspension of the applicant was ultra vires, unlawful, and invalid. The alleged lacuna between misconduct and the commencement of parliamentary proceedings does not justify the usurpation of presidential powers;…

Source excerpt

• Chapter 9 Institutions
• Suspension Of Commissioner
• Ultra Vires
• Constitutional Validity
• Code Of Conduct

Public Protector of South Africa v Speaker of the National Assembly and Others (8500/2022)

Public Protector of South Africa v Speaker of the National Assembly and Others (8500/2022) [2022] ZAWCHC 197; [2023] 1 All SA 256 (WCC); 2023 (4) SA 205 (WCC) (11 October 2022)

Court

Western Cape High Court, Cape Town

Case number

8500/2022

Judges

L G Nuku, M Francis, JD Lekhuleni

The High Court held that the President’s suspension of the Public Protector was conduct of the President requiring Constitutional Court confirmation.

• Presidential Conduct
• Chapter 9 Institutions
• Declaration Of Invalidity
• Confirmation Proceedings
• Suspension Pending Appeal
• Constitutional-law

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)

Court

Mbombela High Court, Mpumalanga

Case number

1448/2021

Judge

Greyling-Coetzer AJ

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