JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

An interpretation of 'relevant organs of state' in section 184(3) of the Constitution and their duty to provide information on socio-economic rights to the South African Human Rights Commission

Volume: Volume 2(2) - 1998

Article type: Refereed article

Author/s: Pillay, Karrisha


With regard to the enforcement of socio-economic rights, the monitoring role of the South African Human Rights Commission is termed 'soft" enforcement. Karrisha Pillay explores the scope of this task by analysing the definition of a "relevant organ of state" that must report to the HRC.

An "organ of state" includes all spheres of government and statutory bodies exercising a public power, whereas the term "relevant" confines the reporting duty to those organs which are principallly responsible for the realisation of socio-economic rights. Pillay proposes an approach to identifying such organs and discusses broader challenges facing the HRC in this context.

About the author/s

Karrisha Pillay

Advocate oj the High Court and member of the Cape Bar

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