Articles
Can the South African Human Rights Commission issue binding directives? The Constitutional Court provides the answer.
When the South African Human Rights Commission investigates a complaint and issues findings, must the party against whom those findings are made comply? Many assume so. On 22 April 2026, the Constitutional Court settled the question in South African Human Rights Commission v Agro Data CC and Another [1]. As per Nicholls AJ, the court unanimously held that the SAHRC’s findings take the form of recommendations only. They are not legally enforceable, and a party who refuses to comply cannot be compelled to do so by enforcement proceedings alone – the underlying dispute must be litigated afresh on its merits. Hurter Spies Incorporated acted on behalf of AfriForum NPC, admitted as the second amicus curiae.
Can you be arrested for speeding? The high court provides a clear answer.
Many South Africans are uncertain about their rights when interacting with police or traffic officials. These encounters can be stressful, especially when an alleged offence is committed. There is a common assumption that an arrest or detention is automatically justified simply because an officer carries it out. In reality, this assumption is incorrect. Unlawful arrests and detentions continue to occur and remain a serious concern, affecting motorists and the public.
Just and Equitable Debt Repayment: A Simple Guide to Section 65 Proceedings
Section 65 of the Magistrates’ Courts Act 32 of 1944 (the Act) provides a practical way to recover a debt when a court order for payment has not been honoured. If the amount remains unpaid for more than 10 days after it became due, the creditor may ask the court to inquire into the debtor’s financial position and make an order that is just and equitable in the circumstances. This article explains the Section 65 process in clear, straightforward language so that anyone, whether familiar with legal terms or not can understand exactly what happens and what is required.
Understanding Unopposed Divorce: A Streamlined Path to Separation
American comedian and writer Larry David once said that “A good compromise is when both parties are dissatisfied”. The question however arises whether the same can be said when spouses have decided to enter into divorce proceedings?
Understanding Your Rights as a Tenant: A Guide to Rental Laws in South Africa
Renting a property in South Africa comes with rights and responsibilities for both tenants and landlords. To ensure a smooth rental experience, it’s crucial to understand the laws that govern the landlord-tenant relationship. This guide provides valuable insights into South African rental laws, empowering tenants with knowledge about their rights and obligations.
Understanding the Implications of the Proposed Two-Pot Retirement System: A Labour Law Perspective
The proposed two-pot retirement system, set to overhaul retirement savings in South Africa, has garnered significant attention and debate across various sectors. From financial experts to policymakers, many have weighed in on its potential impact.
Articles on the Hurter Spies Blog should not be viewed as formal legal advice.
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