AfriForum enters a landmark case about the powers of the South African Human Rights Commission

29 May 2023

The civil rights organisation AfriForum submitted court documents on 26 May to be allowed as a Friend of the Court (amicus curiae) in a case that must determine whether the findings and recommendations made by the South African Human Rights Commission (SAHRC) are binding or not. The appeal case in question here is South African Human Rights Commission//Agro Data CC & Boshoff, F.G. (Case number: 039/23).

AfriForum argues that the Constitution and legislation are clear that the SAHRC does not have binding powers and that other countries’ institutions, which are similar to the SAHRC, do not have binding powers either. AfriForum’s involvement as a Friend of the Court in this case is to present these 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 fulfills this role to positively influence the creation of judicature.

“For civil rights organisations like AfriForum, these types of debates around the separation of powers and the limits of this power of institutions like the SAHRC are of great importance. It’s exciting to be able to contribute to such a landmark case with such far-reaching implications,” says Ernst van Zyl, Campaign Officer for Strategy and Content at AfriForum.

Issued by Ernst van Zyl, Campaign Officer: Strategy and Content, AfriForum, 29 May 2023