SOUTH AFRICAN HUMAN RIGHTS COMMISSION POWERS TO BE STRENGTHENED?

SOUTH AFRICAN HUMAN RIGHTS COMMISSION POWERS TO BE STRENGTHENED?

• 10 May 2026
• Justice & Constitutional Development
• SA Legal Academy

The Department of Justice & Constitutional Development is studying the 22 April 2026 Constitutional Court ruling on the role of the South African Human Rights Commission (SAHRC) with a view to identifying ‘what areas can be built into revised legislation to enhance the powers of Commission’. This is according to input from Deputy Minister Andries Nel during a 5 May 2026 meeting of the National Assembly’s Justice & Constitutional Development Committee.

Among other things, the Deputy Minister is responsible for ‘liaising with the Commission and providing support, particularly on policy matters and the development and amendment of legislation’.

With that in mind, he noted the importance of ensuring that SAHRC enquiry reports with recommendations are shared with parliamentary committees whose portfolios include matters affected by the work of the Commission. Also, given the broader implications of the Constitutional Court judgment, the latest SAHRC annual report will be formally tabled with Cabinet so that other Ministers have the opportunity to engage the Commission on issues affecting their respective departments.

Confirming that he had met with the SAHRC immediately following the Constitutional Court ruling, the Deputy Minister commended the spirit in which it had accepted the judgment. However, he chose not to refer to a media statement issued by the Commission at the time. Among other things, it noted that ‘requiring enforcement through courts in all instances of non-compliance may delay the resolution of human rights violations, increase costs for affected persons and communities, and place additional strain on both institutional and judicial resources’.

According to the statement, ‘these practical implications remain important in understanding the full impact of the judgment. The SAHRC emphasises that its findings and recommendations continue to carry significant weight and should be respected, given serious consideration, and implemented unless there are valid reasons not to do so’.

Nevertheless, to illustrate the importance of the work of the SAHRC, the Deputy Minister did read the ruling’s closing paragraph:

‘Recognising the absence of binding remedial powers does not diminish the constitutional importance of the SAHRC or render its work ineffectual. The SAHRC is far from toothless. Its influence lies in the deployment of the powers conferred upon it by the Constitution and the SAHRC Act, including the exercise of extensive investigative authority, the support of litigation, the shaping of the conduct of state officials, the informing of public debate and the exertion of normative pressure on organs of state and private actors alike. Properly understood, the SAHRC’s strength lies precisely in its capacity to act in ways that courts cannot. Even without binding remedial competence, it remains a potent and indispensable guardian of human rights within our constitutional scheme.’

The committee has issued two press releases on the ruling. Published on 23 April 2026, among other things the first statement noted that – while the committee ‘respects the authority of the Constitutional Court and welcomes the legal clarity provided by this judgment’ – members will:

• ‘carefully consider whether the existing legislative framework governing the SAHRC sufficiently enables the Commission to discharge its functions effectively’
• ‘remain mindful of the operational realities faced by the SAHRC, particularly where non-compliance with its recommendations may require costly litigation’, and
• ‘stand ready to engage constructively should legislative refinement be necessary to strengthen the protection of human rights’.

According to the second media statement, the committee has ‘called for legislative amendments aimed at strengthening the powers of the … SAHRC to be expedited’ – nevertheless noting prevailing financial and capacity constraints.

• Constitutional Court ruling
• SAHRC media statement
• 23 April 2026 committee media statement
• 5 May 2026 committee media statement
• 5 May 2026 committee meeting

Published by SA Legal Academy Policy Watch

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