SAHRC takes its fight to the ConCourt

First Take SA

The South African Human Rights Commission (SAHRC) is taking its fight for enforceable recommendations to the Constitutional Court, following a Supreme Court of Appeal ruling that its directives are not legally binding. Although the Appeals Court acknowledged the importance of respecting and following the Commission's findings, it emphasized that they require a court order to carry legal weight. This legal challenge stems from a dispute over water access, where the Commission ruled in favour of farm occupiers and instructed farm owners to restore access. However, the farm owners' refusal to comply has sparked a battle over the Commission's authority. For expert analysis on this significant case, Elvis Presslin spoke to Si-thuthu-kile Mkhize, Senior Attorney at the Centre for Applied Legal Studies, CALS at Wits