Civil society proposes alternative, people-centred budget (20 February 2018). Ahead of Minister Malusi Gigaba's budget speech on 21 February 2018, a broad collective of socio-economic rights organisations have developed an example of what South Africa's national budget could look like if it takes the needs and concerns fo ordinary South Africans seriously. The human rights budget draws on existing trends in budgeting and makes strong recommendations about where funds should be allocated to give effect to fundamental human rights enshrined in the South African Constitution. SERI contributed to the human rights budget. >>Read the full statement here.
Rhodes University expels two student activists for life over April 2016 protests (12 December 2017). SERI represents Yolanda Dyantyi, a student activist, matters concerning her participation in anti-rape protests on the Rhodes University campus during April 2016. In March 2017, months after the protests, the university instituted disciplinary proceedings against Ms. Dyantyi. Ms. Dyantyi was convicted in her absence, and permanently excluded from the university. All of her most recent examinations were invalidated. As far as SERI has been able to ascertain, this is the harshest penalty the niversity has imposed for ten years for any offence whatsoever, including rape and sexual violence on campus. >>Read the full statement here.
City housing rules “cruel, condescending and degrading” says Constitutional Court (1 December 2017). The Constitutional Court has said that the City of Johannesburg committed a “monumental irregularity” in breaching the rights of 11 poor people to whom it provided temporary accommodation after they were evicted 5 years ago. However, when they got to the shelter, the residents were split up from their families into men’s and women’s dormitories – even if they were married or had children of the opposite sex. They were also locked out of the shelter during the day under the shelter rules. The Court struck the rules down and interdicted the City from applying them to the residents for the rest of their stay at the shelter. >>Read the full statement here.
SERI launches two research publications on student protests (31 October 2017). On Tuesday, 31 October 2017, SERI launches its two latest research publications on student protest entitled A Double Harm: Police Misuse of Force and Barriers to Necessary Health Services (October 2017) and Student Protests: A Legal and Practical Guide (September 2017). These resources document the misuse of force by police during student protests at the University of theWitwatersrand in October 2016. They also provide information about rights and obligations of those involved in student protests, including students, university administrators, the police and private security. >>Read the full press statement here.
High Court orders the City of Cape Town to purchase or expropriate land in ground-breaking judgment (31 August 2017). The Western Cape High Court has dismissed an application to evict 60 000 people living in the “Marikana” informal settlement in Philippi near Cape Town finding that this was not a reasonable or constitutional option available to the state. Instead, the court found that the only reasonable option was for the state to purchase or expropriation the Marikana land to avoid making the Marikana residents homeless. The court directed the City to initiate this process by entering into good faith negotiations to purchase the Marikana land, and expropriating the land in the event that purchase negotiations failed. >>Read the full press statement here.
City of Johannesburg leaves 257 men, women and children out in the cold despite court orders (20 July 2017). The High Court has ordered the City of Johannesburg to accommodate 257 men, women and children who were evicted yesterday from Fattis Mansions at 66 Harrison Street, Johannesburg. The residents of the property approached the court on an urgent basis last night at 7pm, to obtain an order allowing them to return to the building. Justice van der Linde ordered the City to accommodate the residents overnight while he considered his judgment. However the City failed to comply, forcing residents to spent the night out in the cold. This morning Justice van der Linde refused to restore the residents to the building, on the basis that the property is not safe for occupation, and directed the City to provide the residents with emergency accommodation immediately. By 3pm the City had not complied with either of these orders. >>Read the full press statement here.
SERI launches new guide on relocations to alternative accommodation (17 July 2017). On 20 July 2017, SERI launched a resource guide, entitled Relocating to Alternative Accommodation: Legal and Practical Guidelines. Relocations have the potential to severely disrupt peoples’ lives and negatively impact their livelihoods, community relations and sense of security. To make sure this doesn’t happen, the relocation process should be carefully planned, well-run and participatory. SERI developed these guidelines to assist those involved in the relocation process, including legal practitioners and government officials dealing with housing, to navigate the complexities involved in carrying out a relocation. The guidelines offer practical guidance on how to ensure that relocations are carried out in a way that respects the constitutional rights of the people being relocated. >>Read the full media alert here.
For a full archive of all SERI press statements from 2010 to 2016 see here.
Submission on City of Johannesburg's Draft Inclusionary Housing Incentives, Regulations and Mechanisms, 2018. SERI submitted written comments on the City of Johannesburg Draft Inclusionary Housing: Incentives, Regulations and Mechanisms, which makes it mandatory for any property development in the City that consists of ten or more dwelling units to include at least 20% inclusionary housing. SERI's submission welcomes the spirit of the draft policy, which clearly attempts to address the acute lack of rental housing that caters for poor and low-income households in the City in a manner that promotes spatial justice. However, the submission also raises a number of concerns with the policy. In particular, the policy fails to ensure that inclusionary housing units are made available to low-income households (households earning less than R3 200 a month); does not link the rental in inclusionary housing to household income; and lacks accountability or enforcement measures to ensure that property developers, social housing institutions and body corporates comply with the policy. >>Read the draft policy here and SERI's submission here.
Submission on the amendmentsto Rule 46 of the Uniform Rules of Court and Rule 43 of the Magistrates’ Court Rules, 29 January 2016. On 29 January 2016, SERI made a submission to the Rules Board for Courts of Law (the Rules Board) in response to an invitation for interested parties to comment on proposed amendments to Rule 46 of the Uniform Rules of Court and Rule 43 of the Magistrates’ Court Rules. These Rules regulate the sale in execution of immovable property in the higher courts and magistrates’ courts respectively. >>Read SERI's full submission here.
SERI submission on the Mpumalanga Eradication, Prevention and Control of Informal Settlements Bill, 4 December 2012. SERI has written a submission on the recently published Mpumalanga Eradication, Prevention and Control of Informal Settlements Bill, 2012. The submission is endorsed by a number of individuals and organisations, including Abahlali baseMjondolo, Batho Land and Shelter (BLS), Centre for Urban and Built Environment Studies (CUBES), Built Environment Support Group (BESG), Centre for Applied Legal Studies (CALS), Community Organisation Resource Centre (CORC), Planact and Urban LandMark. >> Read the Bill here and the joint submission here.
SERI submission on the National Sanitation Policy, 2011. The National Sanitation Programme within the Department of Human Settlements (DHS), together with the South African Local Government Association (SALGA), is revising the 2001 White Paper on Basic Household Sanitation. Read SERI's submissions on the draft National Sanitation Policy here.
SERI involved in SAHRC hate speech complaint hearing, 28 November 2011. SERI's Director of Litigation, Stuart Wilson has been appointed as an advisor to the South African Human Rights Commission's panel currently considering a range of complaints of hate speech against Julius Malema made by the Afrikanerbond. His submissions emphasise the need to consider harmful or offensive political speech in context, and to construe hate speech law narrowly in a manner which impinges as little as possible on freedom of expression. Read more here.
Submission on the Spatial Planning and Land Use Management Bill, 2011 (SPLUMB). National government is in the process of creating national legislation on spatial planning and land use management in South Africa. This process has been stalled numerous times since the White Paper on Spatial Planning and Land Use Management was gazetted over ten years ago in 2001. See the proposed legislation here and SERI's submission here. Also of interest are submissions by the Legal Resources Centre (LRC) and Lawyers for Human Rights (LHR).
Submission on the Limpopo Prevention and Control of Informal Settlements Bill, 2011. A number of organisations and individuals have endorsed a submission on this proposed provincial legislation which was drafted by SERI. The submission inter alia describes how the Bill does not have sufficient regard to the decision of the Constitutional Court in Abahlali baseMjondolo v The Premier of KwaZulu Natal 2010 (2) BCLR 99 (CC), which was far from being a qualified endorsement of the KwaZulu Natal (KZN) Slums Act. Read the submission here. SERI has also endorsed a comment on the Bill from a policy perspective, written by Prof Marie Huchzermeyer. Read the comment here.
SERI endorses civil society request for extension to Zimbabwe Documentation Project, 9 December 2010. Lawyers for Human Rights (LHR) together with a number of civil society organisations, including SERI, have endorsed a letter of complaint to the Office of the Public Protector, requesting that the deadline for Zimbabwe Documentation Project be extended. The Department of Home Affairs has refused to extend the deadline for new applications to the Zimbabwe Documentation Project, despite a number of problems with the process. Read the LHR press release here and the letter to the Public Protector here.
SERI endorses Submission on the Social Assistance Amendment Bill, 2010. SERI has endorsed the Aids Law Project (ALP) Submission on the Social Assistance Amendment Bill, which raises some serious concerns around access to justice and the rule of law. The submission focuses on two of the proposed amendments, namely the insertion of the definition of 'disability' and the change in the appeal procedure following an adverse decision in respect of an application for a disability grant. ALP and SERI are of the view that the definition, although intended to clarify who is eligible for a grant and who is not, is actually vague and will not assist decision-makers or applicants for grants and will compound confusion in the system. The amendment to the appeal process essentially introduces a double appeal, which will likely lead to even greater delays in the finalisation of the disability grant application process and to an infringement of rights. Read the Submission and Annexure (16 April 2010), as well as a Supplementary Submission (28 April 2010).
SERI comments on the 2010/11 national budget. SERI was asked to comment on the 2010/11 Budget Speech by Minister Gordhan, choosing to focus on issues around meaningful engagement, industrial policy, informal trading, housing and basic services in its submission. Read the submission here.
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