Constitutional Court says Human Rights Commission cannot issue binding directives

In a unanimous landmark decision delivered on Wednesday, the Constitutional Court confirmed that the South African Human Rights Commission (SAHRC) lacks the legal authority to issue binding directives. The apex court clarified that while the Commission plays a vital role in investigating human rights violations, its findings do not carry the same weight as court orders. Consequently, if the SAHRC’s recommendations are ignored by the implicated parties, the Commission or the affected individuals must approach a court to seek relief based on the specific merits of the case. Mondli Makhanya spoke to Adv Paul Hoffman, Director of Accountability Now and Lawson Naidoo, Executive Secretary at CASAC (Council for the Advancement of the South African Constitution (CASAC).See omnystudio.com/listener for privacy information.