The South African Human Rights Commission (SAHRC/Commission) recently presented its 2026/27 Annual Performance Plan (APP) and Budget to the Portfolio Committee on Justice and Constitutional Development. The presentation of the APP is a statutory obligation, and opportunity, for the SAHCR to present to the public, through its representatives in public, how it intends to fulfil its mandate for the 2026/2027 financial year.

 

This financial year, 2026/2027, is the Commission’s second year of implementing its 5-year Strategic Plan. The main goals of the Plan are, effective and efficient administrative services, increased reach and enhanced awareness, redress provided for human rights violations through effective legal intervention, the observance of implementation and compliance by the state on human rights obligations, and compliance with human rights obligations and active participation in international fora. The 2026/2027 APP is designed to align with this Plan.

 

In the 2025/26 financial year, the Commission achieved 82% performance of its planned annual targets. The Commission has already designed plans to ensure that its quest to achieve 100% is a near reality, as this will translate into organisational stability, government accountability, and enhanced protection and promotion of human rights.

The Commission remains acutely aware that many of South Africa’s most pressing challenges are, at their core, human rights issues. Persistent inequality, rising food insecurity, and growing socio-economic vulnerability continue to hinder the full realisation of constitutional rights.

 

At the same time, we are witnessing growing strain on public trust in institutions, heightened social tensions linked to migration and access to services, and emerging risks associated with misinformation and digital exclusion. To address this issue, the Commission held a two-day conference on Humane and Responsible Border Migration in March this year to examine the root causes of heightened migration in the country. In addition, the Commission will be engaging with the houses of traditional leaders, communities, border management, and political parties to seek a viable solution to the current tension between migrants and some members of society in the country. The Commission reiterated its message that it does not protect migrants more than South Africans, nor does it condone lawlessness in the country. Migrants, too, must respect the laws of the country. The Commission would like to draw everyone's attention to the recent Kopanang Africa Against Xenophobia and Others v Operation Dudula and Others, which made it clear that only authorised officials, such as immigration or police officers, are empowered to enforce the Immigration Act.

These issues, alongside the impacts of climate change on vulnerable communities, demand that the Commission remain vigilant, responsive, and adaptive in executing its mandate.

The Commission further highlighted that it welcomes the Constitutional Court’s judgment on its powers. However, it emphasised that the material implications of the Court’s judgment are likely to increase demand for enforcement and litigation. Given current and foreseeable fiscal constraints, the Constitutional Court decision could further strain the Commission’s already constrained operational budget. This development reinforces the need to ensure that constitutional institutions are adequately resourced to give practical effect to their mandates. Importantly, these realities underscore the need for strong oversight.

 

In conclusion, the chairperson of the Portfolio Committee on Justice and Constitutional Development, Mr Xola Nqola, welcomed the Commission’s presentation, noting that its performance has stabilised at around 80%. He stressed that true success will be marked by achieving 100% of targets. He also cautioned that going forward, the Constitutional Court’s ruling on the Commission’s powers could place additional pressure on the SAHRC’s fiscal capacity to meet all its planned targets. In this regard, he supported Deputy Minister of Justice and Constitutional Development Honourable Andries Nel’s proposal to study the judgment carefully to see areas to build towards amendment of the legislation to enhance the powers of the Commission.