A lawyer has argued before the Constitutional Court that existing legislation already gives the SA Human Rights Commissions SAHRC findings binding force and they should stand unless a court sets them aside.
Adv Jason Brickhill of ProBono.org was making submissions as a friend of the court as the SAHRC seeks authoritative clarity on whether its findings and recommendations carry legal weight.
The complaints handling procedures provide that the commissions findings are final and binding on the parties and the commission. These powers come not only from the constitution but also from the SAHRC Act, he said.