Supreme Court limits powers of top SA human rights watchdog

Tanya explains that the High Court and Supreme Court of Appeal (SCA) conducted an interpretation exercise of Section 184 of the Constitution, which outlines the powers and functions of the South African Human Rights Commission (SAHRC) and considered relevant provisions in the SAHRC's Act.

The courts adopted a textual approach to determine the extent of the SAHRC's powers and concluded that the SAHRC does not have the authority to issue binding directives. This remains the current legal position unless the Constitutional Court sets this decision aside.

However, Tanya emphasises that the SAHRC still retains significant powers and functions. It can still investigate, mediate, and educate on human rights. The limitation on issuing binding directives does not diminish the other important functions that the SAHRC has.

While the inability to issue binding directives may weaken the SAHRC’s impact in a sense, it does not undermine its core mandate: to strengthen constitutional democracy and to protect, promote, and monitor human rights.