CASAC notes Constitutional Court judgment on the powers of the South African Human Rights Commission

Published On: 22 April 2026

MEDIA STATEMENT

22 April 2026

The Council for the Advancement of the South African Constitution (CASAC) notes the judgment handed down today by the Constitutional Court in South African Human Rights Commission v Agro Data CC and Another [2026] ZACC 16.

The Court was required to decide whether the South African Human Rights Commission (SAHRC), acting under section 184(2)(b) of the Constitution, has the power to issue binding and legally enforceable directives following an investigation into a complaint of a human rights violation. In a unanimous judgment penned by Nicholls AJ, the Court held that it does not.

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