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The civil rights organisation AfriForum has submitted court documents to be admitted as a Friend of the Court (amicus curiae) in a Constitutional Court case that will determine whether the findings and recommendations made by the South African Human Rights Commission (SAHRC) are legally binding or not.
In their submissions to court, AfriForum argues that the Constitution and legislation makes it clear that the SAHRC does not have the power to make legally binding decisions – in step with international trends. AfriForum’s involvement as a Friend of the Court in this case is to present the constitutionality, relevant considerations and international customs before the court and assist the court in making a fair and constitutional finding. As a civil rights organisation, AfriForum often fulfils this role to positively influence legal precedent through case law.
In 2024, the Supreme Court of Appeal’s (SCA) ruled that the SAHRC’s findings are not enforceable in themselves and can only be enforced by a court. AfriForum was also a Friend of the Court in this case, despite the SAHRC’s protests. The SCA’s judgment was delivered in a case between the SAHRC and the agricultural company AgroData, in which the SAHRC argued that their findings and directives in a dispute regarding borehole access were binding.
According to Ernst van Zyl, Head of Public Relations at AfriForum, such debates around the separation of powers and the limits of this power for institutions like the SAHRC are of great importance to civil rights organisations like AfriForum.
“It’s exciting to be able to contribute to such a landmark case with such far-reaching implications. Institutions should not have more power than they are constitutionally allocated, especially not institutions with as many controversies and instances of double standards on their track record as the SAHRC,” Van Zyl concludes.
Issued by AfriForum
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