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DID THE RECENT CONCOURT JUDGMENT RENDER THE SAHRC TOOTHLESS?

A recent Constitutional Court judgment has clarified that the South African Human Rights Commission may investigate rights violations and make recommendations, but cannot itself impose legally binding remedial action. While some may view this as weakening the Commission, the judgment instead reinforces the constitutional principle that final coercive power belongs to the courts. The ruling therefore draws an important line between protecting human rights effectively and ensuring that all public power remains subject to the rule of law.

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LIKE CAESAR’S WIFE, THE PUBLIC PROTECTOR MUST BE ABOVE SUSPICION

On 29 August 2023, Kholeka Gcaleka, who is the Acting Public Protector (APP), was nominated as the candidate to succeed the disgraced Busisiwe Mkhwebane as Public Protector (PP). Mkhwebane’s predecessor, Advocate Thuli Madonsela, demonstrated how the office of Public Protector could play a crucial role in holding to account state institutions that were suspected of improper conduct. Indeed, her fearless exposure of state capture under President Jacob Zuma played a pivotal role in forcing his resignation. Sadly, Mkhwebane did not continue this proud tradition and instead mired the office in unseemly controversy after controversy, racking up an unprecedented number of judicial rebukes in the process.

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