The African Commission on Human and Peoples’ Rights (ACHPR), is an organ of the African Union (AU) and was established in terms of the African Charter on Human and Peoples’ Rights (“African Charter”). The Republic of South Africa is a member of the AU and has subscribed to the African Charter. Any citizen may refer a complaint to the ACHPR against the RSA, once all local remedies have been exhausted, usually once the apex court in the land, the Constitutional Court, made a final determination. In serious human rights violations, the ACHPR may be directly approached, but direct access is only granted in rare and exceptional circumstances. Thus, it is always advised to refer your matter to the lower courts first, using all appeal processes until the Constitutional Court dismisses your case, before referring your complaint to the ACHPR to save you time and money.

Van Heerden, ATS, LFN v Republic of South Africa (247/21) (ACHPR) (Still Pending)… The Complainants are challenging an adverse decision of dismissal with costs by the Constitutional Court. This order was handed down without a hearing and without giving any reason for its making, which does not align with the merits of the case at all. (Updated: 1 November 2024)

This matter is on the agenda of the ACHPR for consideration at its 81st Ordinary Session (17 October – 6 November 2024)