SAHRC approaches ConCourt to clarify its powers
The South African Human Rights Commission has filed papers at the Constitutional Court to appeal a recent judgment on its powers by the Supreme Court of Appeal.
In an August ruling, 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.
The case stemmed from 2018 complaints from people living on a farm in Mpumalanga.
The commission found that a company called Agro Data violated the rights of the people who lived on the farm it bought.
The commission said Agro Data restricted access to water from a borehole used by the people and then charged for access.
It issued directives to Agro Data, including a directive to “restore the supply of borehole water” within a week and begin “good faith” engagements.
The commission believes that the apex court would be best placed to interpret a section of the constitution and clarify its power.
“Upon careful consideration of the Supreme Court’s appeal’s 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,” said SAHRC spokesperson Wisani Baloyi.
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