“The South African Human Rights Commission is clearly not empowered or empowered to decide whether a violation of human rights has actually occurred. It follows that it is not in the power or authority of the South African Human Rights Commission to declare that an alleged violation is in fact a violation, furthermore However, it is not within the power or authority of the South African Human Rights Commission to exonerate a person from an allegation of a violation of their human rights.”
Sutherland said this must be answered by the Equality Tribunal.
The South African Human Rights Commission may find that there is no breach of Section 10 of the [the Equality Act] But for the reason already passed this view has no standing at all. The opinion of the South Asian Human Rights Commission on such a question coincides with that of any other person qualified to bring a case before the Equality Tribunal.”
AfriForum said this was a double win for them because SAHRC has no binding powers.
“There is additional success in this great victory, and it also sets a precedent that the findings of the SAHRC can be challenged in court,” said Ernst van Zyl, AfriForum’s campaign officer for strategy and content.