Who and what is AfriForum?

AfriForum is an Afrikaans civil rights organisation that protects the rights of minority groups at national as well as provincial level, and anyone who can identify with AfriForum’s principles and objectives may join the organisation. AfriForum’s community plan focuses on mobilising communities to thus take control of their own streets and neighbourhoods again. AfriForum ensures that your constitutional and civil rights are recognised and protected at national level.

Wie en wat is AfriForum?

AfriForum is ’n Afrikaanse burgerregteorganisasie wat die regte van minderheidsgroepe op sowel nasionale as provinsiale vlak beskerm, en enigiemand wat met AfriForum se beginsels en doelstellings kan identifiseer, mag by die organisasie aansluit. AfriForum se gemeenskapsplan fokus daarop om gemeenskappe te mobiliseer om só weer beheer terug te neem oor hul eie strate en woonbuurtes. AfriForum verseker dat jou grondwetlike én burgerregte op nasionale vlak erken en beskerm word.

Media statements

AfriForum welcomes Constitutional Court’s decision that SAHRC may not issue binding directives

ByAfriForum 22/04/202622/04/2026

Louis Boshoff (English)

The Constitutional Court today unanimously ruled that the South African Human Rights Commission (SAHRC) does not have the power to issue binding directives. This forms the core of the court’s ruling in a case between the SAHRC and AgroData, in which AfriForum acted as a friend of the court. The ruling is consistent with AfriForum’s argument that findings of the Commission are only enforceable when they are ratified by a court order. AfriForum welcomes today’s ruling and regards it as a victory for a well-balanced distribution of power within a constitutional framework.

Today’s ruling is also in line with earlier rulings by the Mpumalanga High Court and the Supreme Court of Appeal. The case arises from a finding by the SAHRC that land occupants on the farm De Doorn Hoek (owned by AgroData) should be given free access to borehole water. These courts ruled in AgroData’s favour that the finding was not enforceable, but the SAHRC appealed to a higher court repeatedly, until the final decision was delivered today. AfriForum also acted as a friend of the court in the Supreme Court of Appeal.

According to Louis Boshoff, Campaign Officer at AfriForum, the ruling sets an important precedent regarding the future actions of the SAHRC. “No politically or ideologically driven finding of the Human Rights Commission can henceforth be imposed on citizens. The SAHRC was reminded of this today.”

The findings of the SAHRC over the past two decades have often been marred by allegations of political and racial bias. AfriForum believes this shows how important it is to ensure that the Commission does not ascribe more powers to itself.

Boshoff points out that AgroData did not oppose the SAHRC’s appeal and as such did not present arguments in court. “The fact that the appeal was heard unopposed drew extraordinary attention to AfriForum’s role as friend of the court. Ultimately, there is agreement between AfriForum’s argument and the ruling delivered today,” Boshoff concludes.