‘It needs to be understood that the SAHRC is not a punisher of human rights violations, it is an educator, transformer and empowerer,’ says Judge.
A court has declined to grant a “blanket order” that all directives issued by the South African Human Rights Commission are automatically binding.that the SAHRC must approach a court and obtain relief from a judge for its directives to be legally enforceable.
Following an investigation, the commission deemed this to be a violation of the occupiers’ human rights. Further, it found that Agro-Data had also violated the occupiers’ right not to be denied or deprived of access to water, as contemplated in the Extension of Security of Tenure Act . On the merits of the matter, Agro-Data said some of the occupiers were illegal and demanded unlimited access to the borehole water, free of charge. They had access to water from the river and the municipality, and that the borehole did not have unlimited water supply.
The judge said she did not agree that without the “binding” declarator, the SAHRC would have no effective capacity to strengthen constitutional democracy because it had powers to litigate on human rights in its own name on behalf of a complainant. The judge said on identifying that the re-supply of water was “appropriate redress”, the SAHRC ought to have approached the court to obtain appropriate relief.
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