ConCourt | Pressure on courts, Mediation and Litigation Strategy: Dr Henk Boshoff

The Constitutional Court has ruled that the South African Human Rights Commission cannot enforce its own directives, and must approach the courts to give effect to findings. The matter stems from a dispute on a farm in Mpumalanga, where occupiers complained they were being denied access to borehole water. Both the High Court and the Supreme Court of Appeal found the commission’s directives are not legally binding, prompting the commission to appeal. The Constitutional Court ruling reinforces the limits of Chapter 9 institutions, and maintains the judiciary’s role in enforcement.

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