Parliament, Thursday, 23 April 2026 – The Chairperson of the Portfolio Committee on Justice and Constitutional Development, Mr Xola Nqola, has noted the judgment handed down yesterday by the Constitutional Court concerning the powers of the South African Human Rights Commission (SAHRC) and the legal status of its directives.
The Constitutional Court has clarified that directives issued by the SAHRC following investigations are not legally binding, but constitute recommendations that may require enforcement through appropriate court processes where there is non-compliance. The Court emphasised that the Commission retains the authority to investigate complaints, mediate disputes and take steps to secure appropriate redress, including approaching the courts where necessary.
Mr Nqola acknowledges the significance of this unanimous judgment. He said: “It provides important constitutional clarity on the scope of the SAHRC’s mandate in terms of section 184 of the Constitution. The ruling affirms investigative role of the Commission while reinforcing the central role of the courts in issuing binding remedial orders.”
He continued: “Furthermore, the committee recognises the vital constitutional role played by the SAHRC in promoting respect for human rights, monitoring compliance and addressing violations affecting vulnerable communities across South Africa. The judgment underscores the importance of ensuring that constitutional institutions remain effective and adequately empowered to fulfil their mandates.”
He said that in light of the judgment and its practical implications, the committee will carefully consider whether the existing legislative framework governing the SAHRC sufficiently enables the Commission to discharge its functions effectively. “It is important to emphasise that Parliament remains committed to supporting Chapter 9 institutions in safeguarding constitutional democracy and ensuring access to justice for all people in South Africa.”
He said the committee respects the authority of the Constitutional Court and welcomes the legal clarity provided by this judgment. The committee at the same time, remain mindful of the operational realities faced by the SAHRC, particularly where non-compliance with its recommendations may require costly litigation.
“We stand ready to engage constructively should legislative refinement be necessary to strengthen the protection of human rights. The committee will continue to engage with the SAHRC and other stakeholders to assess the full implications of the judgment and to ensure that the protection of human rights remains robust, effective and accessible,” said Mr Nqola.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT, MR XOLA NQOLA.
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