In a recent ruling, the Constitutional Court of South Africa made it clear that the Commission cannot enforce its own findings like a court can. In other words, if the SAHRC investigates a complaint and makes a ruling, that decision isn’t automatically binding or legally enforceable.

But—and this is the crucial part—the Court didn’t sideline the Commission either. It emphasized that SAHRC findings must carry serious weight. Courts are expected to consider them carefully and give them substantial influence when deciding related cases.

GUEST: Lawson Naidoo: Executive Secretary of the Council for the advancement of the South African Constitution