Law: Human Rights

Section 181 of the Constitution is entitled 'State Institutions Supporting Constitutional Democracy', and establishes a number of independent bodies to help enforce human rights.

The South African Human Rights Commission monitors human rights, as provided for by s 184 of the Constitution. The Commission handles and resolves complaints of human rights violations. It can refer complaints to the courts. The courts can also judicially review the Commission's decisions.

• Human Rights Commission Investigative Reports

The Public Protector is South Africa's version of the Ombudsman. Its functions are contained in s 184 of the Constitution. The Public Protector protects citizens from administrative excess, government maladministration and abuse of power. The Public Protector can investigate complaints against state organs or officials and recommend corrective action. 

The functions of the Commission for Gender 
Equality are provided for by s 187 of the Constitution. Its function is to promote gender equality and to advise and make recommendations to Parliament on any laws that affect the status of women.

The objects of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities are contained in s 185 of the Constitution. 

• South African Human Rights Commission

• Human Rights Commission Investigative Reports

• Public Protector

• Commission for Gender Equality

• Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities

The South African courts are:

• The Constitutional Court;
• the Supreme Court of Appeal;
• the High Courts;
• the Magistrates' Courts (decisions of these courts are not reported);
• Specialist Courts that operate at the level of the High Court. These are:
  • Special Income Tax Courts
  • Labour Courts and Labour Appeal Courts
  • Family Courts
  • Land Claims Courts; and
• Military Courts

The Constitutional Court is South Africa's highest court on constitutional matters. Its jurisdiction is therefore restricted to constitutional matters. It was established in 1994 and heard its first case in 1995. More information about the role and functions of the Constitutional Court are available on its website.

The Supreme Court of Appeal is the highest court in respect of all other matters.  More information on the Supreme Court of Appeal, including judgments, can be accessed on the court's website.

• Constitutional Court is South Africa

• Supreme Court of Appeal

International human rights courts

African Court on Human & Peoples'  Rights

European Court of Human Rights