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Media Statement: SAHRC takes judgment on its powers to the Constitutional Court

Attention: Editors and Reporters

Friday, 06 September 2024

The South African Human Rights Commission (SAHRC/the Commission), filed papers at the Constitutional Court on 5 September 2024 to appeal the recent judgment of the Supreme Court of Appeal (SCA). The SCA ruled on the binding nature of the Commission's directives in the case of SAHRC vs Agro Data CC and FC Boshoff.

On 15 August 2024, the SCA upheld the 2022 decision of the Mpumalanga High Court, stating that the Commission does not have the authority to issue binding directives. Instead, it must enforce all its directives through a court of law.

Upon careful consideration of the judgment and its implications, the Commission firmly believes that the Constitutional Court, as the apex court, is best placed to interpret Section 184 of the Constitution. This section mandates the Commission to protect human rights and secure redress in cases of human rights violations.

Chris Nissen, the Chairperson of the Commission, emphasized the significance of this case, stating, "This case is critical as it will provide legal clarity, enabling the Commission to protect human rights and restore dignity to the thousands of people who seek our help."

ENDS

ISSUED BY THE OFFICE OF THE CHAIRPERSON, MR CHRIS NISSEN

For further information or inquiries, please contact Wisani Baloyi on 081 016 8308 or  This email address is being protected from spambots. You need JavaScript enabled to view it..

 

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The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

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