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South Africa, Constitutional Law Nicholas Herd South Africa, Constitutional Law Nicholas Herd

Bark Without Bite? Considering and Clarifying the SAHRC’s Competence

In this post, Nicholas Herd examines the Supreme Court of Appeal (SCA)'s judgment in SAHRC v Agro Data, where the court unanimously rejected the South African Human Rights Commission's (SAHRC) claim that it possesses the authority to issue binding directives. He also explores the Commission's prospects of success in its appeal to the Constitutional Court, challenging the SCA's decision.

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