Parliament, Tuesday, 5 May 2026 – The Portfolio Committee on Justice and Constitutional Development today called for legislative amendments aimed at strengthening the powers of the Human Rights Commission (SAHRC) to be expedited.
The committee received briefings from the SAHRC and the Information Regulation on their annual performance plans and budgets for the 2026/27 financial year.
The Chairperson of the committee, Mr Xola Nqola, said the recent Constitutional Court judgment should not weaken the SAHRC’s mandate, but should guide Parliament, the Department of Justice and Constitutional Development, and the SAHRC in ensuring that the commission’s findings have meaningful consequences and that human rights violations are addressed.
On 22 April, the Constitutional Court ruled that directives issued by the commission following investigations are not legally binding but constitute recommendations that may require enforcement through appropriate court processes in the event of non-compliance.
The Chairperson said the judgment provides much-needed clarity on the commission’s powers, but that the next step should be to expedite legislative amendments. “We must ensure that the commission’s constitutional mandate is not weakened,” he said.
The committee warned that, if organs of state increasingly ignore the commission’s directives, it may be forced to rely more on litigation to enforce its findings. Members noted that the ruling raised serious questions about the SAHRC’s litigation strategy, funding, case selection criteria and ability to act decisively within its current financial constraints. They also raised concerns that, in the absence of a clear legal and financial response, the SAHRC risks becoming a toothless advisory body rather than an effective constitutional institution.
Members also raised concerns about human resources, including vacancies, acting appointments and frozen posts. Noting the challenges, the Chairperson acknowledged that there had been some progress, particularly in filling vacancies. Mr Nqola welcomed the finalisation of the appointment of the chief executive officer and the head of legal services. He said these were critical appointments, given the instability the SAHRC had previously experienced, including challenges relating to the recruitment process, organisational culture and uncertainty within the commission secretariat, which had affected staff morale and performance.
The committee raised concerns about some targets in the SAHRC’s APP, including those relating to public awareness programmes and complaints resolution, which have remained unchanged over the past few years. Members said this creates the impression that the SAHRC is planning from a position of weakness rather than responding to growing human rights challenges in communities. Noting that the SAHRC met only 82% of its targets, the Chairperson said the committee expects higher levels of performance.
The Chairperson also noted the budget constraints under which both the SAHRC and the Information Regulator operate. Mr Nqola said the committee remains committed to supporting these entities to address budget pressures so that they can fulfil their mandates. He said the committee is collating the budgetary challenges across all entities in its portfolio and intends to engage with the Standing Committee on Appropriations once this work is completed. The purpose of the engagement, he said, would be to explore ways to mitigate funding pressures and support entities in performing at their best, even if not all budgetary constraints can be resolved.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT, MR XOLA NQOLA.
For media enquiries or interviews with the Chairperson, please contact:
Name: Alicestine October (Ms)
Cell: 083 665 4345
E-mail: aoctober@parliament.gov.za
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