South Africa Case Law

Afriforum v South African Human Rights Commission and Others (14370/2019 ; 31328/2019)

Afriforum v South African Human Rights Commission and Others (14370/2019 ; 31328/2019) [2023] ZAGPJHC 807; 2023 (6) SA 188 (GJ) (14 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

14370/2019 ; 31328/2019

Judge

Roland Sutherland

The South African Human Rights Commission is a creature of statute and its powers are strictly circumscribed by the South African Human Rights Commission Act 40 of 2013. Section 13(3) of the Act empowers the Commission to investigate alleged violations of human rights and to form an opinion on whether there is substance to a complaint, for the purpose of deciding whether to assist in bringing proceedings before a competent court. The Commission is not empowered to make definitive decisions on whether a contravention of section 10 of PEPUDA has occurred, nor to exonerate alleged violators. Any…

Source excerpt

• Ultra Vires
• Powers Of Chapter 9 Institutions
• Hate Speech
• Review Under Paja
• Equality Court Jurisdiction

South African Human Rights Commission v Agro Data CC and Another (Leave to Appeal) (1448/2021)

South African Human Rights Commission v Agro Data CC and Another (Leave to Appeal) (1448/2021) [2022] ZAMPMBHC 95 (9 December 2022)

Court

Mbombela High Court, Mpumalanga

Case number

1448/2021

Judge

Greyling-Coetzer

The High Court granted condonation and leave to appeal to the Supreme Court of Appeal on a public-interest question about the binding nature of SAHRC directives.

• Powers Of Chapter 9 Institutions
• Declaratory Relief
• Leave To Appeal
• Access To Water
• Condonation For Late Filing
• Leave-to-appeal