Human Rights Commission takes case over its 'powers' to the SCA
The SAHRC has now approached the courts seeking an order declaring that its directives are legally binding.
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JOHANNESBURG - The Supreme Court of Appeal (SCA) is set to hear a potentially landmark case, focused on the powers of the South African Human Rights Commission (SAHRC).
In 2018, the SAHRC received a complaint that occupiers of the De Doorn Hock Farm, in Mpumalanga, were being refused access to a borehole on the property.
Following an investigation, the commission in 2019 found that this was in breach of the occupier’s human rights and directed the owner, Agro Data to restore their access.
But according to the SAHRC, these directives were ignored.
It has now approached the courts seeking an order declaring that its directives are legally binding.
The case came before the High Court in Mbombela in November.
The High Court dismissed it, though, finding that in terms of the Constitution and the SAHRC Act, the commission doesn’t have any "penal power" when it comes to human rights violations and that, rather, it has to "take a further step, such as approaching a court of law" to secure redress for victims.
The SAHRC has now turned to the SCA, which is set to hear the matter next Tuesday.
In the papers, it argues that if compliance with its directives was optional, "no one would comply" and it would be rendered ineffective. It says the rights of the poor and vulnerable will be violated with no recourse.