
Executive Director
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Stuart Wilson is SERI's co-founder and executive director. He is a practicing advocate, a Member of the Johannesburg Bar, and a door member of the Bridge Group of Advocates. Prior to joining the Bar and SERI, Stuart ran the Litigation Unit at the Centre for Applied Legal Studies (CALS).
Stuart has been responsible for litigating many of the leading socio-economic rights cases to come before the courts in recent years. He appears regularly at all levels of the courts system. His practice encompasses constitutional law, administrative law, defamation, property law, labour law and criminal defence work. He has particular expertise in land and housing law.
He holds a Master of Arts degree (in Philosophy, Politics and Economics) from the University of Oxford and a Bachelor of Laws degree (with distinction) from the University of the Witwatersrand. He is a part-time lecturer and Visiting Senior Fellow at Wits Law School. Stuart also writes and publishes on constitutional law, property law and the intersection between law and society. He sits on SERI's Board of Directors.
Publications:
Op-eds:
- Redistribution: 'Willing buyer, willing seller' was never going to cut it, Stuart Wilson, Daily Maverick (23 March 2018).
- ConCourt falls short of farm dweller Act's aims, Stuart Wilson, Mail & Guardian (19 July 2017).
- Opportunities for resistance: Trump’s authoritarianism and the law, Stuart Wilson, openDemocracy (23 February 2017).
- Fighting for a Living: Short films show communities taking on the odds, Stuart Wilson, Daily Maverick (7 December 2016).
- Slumlords? Lawyers? No, Mayor Mashaba, your complaint is against the rule of law itself, Stuart Wilson, Daily Maverick (2 December 2016).
- What students will learn from exercise of power, Stuart Wilson and Nomzamo Zondo, Business Day (21 October 2016).
- Guide helps homeowners know mortgage rights, Stuart Wilson, Business Day (7 June 2016).
- Shack upgrades gain some foundation, Stuart Wilson, Business Day (25 April 2016).
- Judge Farlam’s Accidental Massacre, Stuart Wilson, Daily Maverick (26 June 2015).
- When attacking NGOs, the government is rendering the poor invisible, Stuart Wilson, Daily Maverick (23 June 2015).
- After the Marikana Commission: What now?, Stuart Wilson, Daily Maverick (27 November 2014).
- Without means, there are no real rights, Stuart Wilson, openGlobalRights (23 September 2014).
- Legalizing economic and social rights can help the poor: reflections from South Africa, Stuart Wilson, openGlobalRights (7 August 2014).
- Housing: The need for more realistic debate, Lauren Royston and Stuart Wilson, Daily Maverick (21 July 2014).
- Evictions: South Africa's bitter year-round trauma, Stuart Wilson, Daily Maverick (15 July 2014).
- SA’s transformation: No-one can do it alone, Mr Grootes, Stuart Wilson, Daily Maverick (27 January 2014).
- Dear Mr Grootes: A welfare state is a just state, Stuart Wilson, Daily Maverick (21 January 2014).
- Marikana ruling hardly ‘excellent’, Stuart Wilson, Mail and Guardian (23 August 2013).
- Taking liberties: Ivo Vegter on Socio-Economic Rights, Stuart Wilson, Daily Maverick (20 April 2012).
Selected cases litigated:
- Fischer v Unlawful Occupiers and Others 2018 (2) SA 228 (WCC)
- Dladla and Others v City of Johannesburg and Another (Centre for Applied Legal Studies and Another as amici curiae) 2018 (2) SA 327 (CC)
- Occupiers, Berea v De Wet NO and Another 2017 (5) SA 346 (CC)
- Moyo and Another v Minister of Justice and Constitutional Development and Others; Sonti and Another v Minister of Justice and Correctional Services and Others 2017 (1) SACR 659 (GP)
- Rhodes University v Student Representative Council of Rhodes University and others (Concerned Staff at Rhodes University as Interveners) [2017] 1 All SA 617 (ECG)
- Pheko and Others v Ekurhuleni Metropolitan Municipality and Others (No. 3) 2016 (10) BCLR 1308 (CC)
- Melani and Others v Johannesburg City and Others 2016 (5) SA 67 (GJ)
- Nkata v FirstRand Bank Ltd and others (Socio-Economic Rights Institute of South Africa as amicus curiae) 2016 (6) BCLR 794 (CC)
- De Lange v Methodist Church and Another 2016 (2) SA 1 (CC)
- MEC for Human Settlements & Public Works of the Province of Kwazulu-Natal v Ethekwini Municipality and others; Abahlali Basemjondolo and others v Ethekwini Municipality and another 2015 (4) All SA 190 (KZD)
- City of Johannesburg Metropolitan Municipality and others v Hlophe and others 2015 (2) All SA 251 (SCA)
- Young Ming Shan CC v Chagan NO and Others 2015 (3) SA 227 (GJ)
- Legal Aid South Africa v Magidiwana and Others 2015 (2) SA 568 (SCA)
- Zulu and Others v Ethekwini Municipality and Others 2014 (4) SA 590 (CC)
- Fischer and Another v Ramahlele and Others 2014 (4) SA 614 (SCA)
- South African Informal Traders Forum and Others v City of Johannesburg and Others 2014 (4) SA 371 (CC)
- Kubyana v Standard Bank of South Africa Ltd 2014 (3) SA 56 (CC)
- Absa Bank Limited v Mkhize and Others 2014 (5) SA 16 (SCA)
- Todd v First Rand Bank Ltd and Others [2013] 3 All SA 500 (SCA)
- Hlophe and Others v City of Johannesburg and Others 2013 (4) SA 212 (GSJ)
- Arendse v Arendse and Others 2013 (3) SA 347 (WCC)
- Mchunu v Executive Mayor, eThekwini Municipality 2013 (1) SA 555 (KZD)
- Schubart Park Residents’ Association v City of Tshwane 2013 (1) SA 323 (CC)
- City of Johannesburg v Changing Tides 2012 (6) SA 294 (SCA)
- Occupiers of Saratoga Avenue v City of Johannesburg Metropolitan Municipality and Another 2012 (9) BCLR 951 (CC)
- Sebola and Another v Standard Bank of South Africa Ltd and Another (Socio-Economic Rights Institute of South Africa and Others as Amici Curiae) 2012 (5) SA 142 (CC)
- Pheko and Others v Ekurhuleni Metropolitan Municipality (Socio-Economic Rights Institute as Amicus Curiae) 2012 (2) SA 598 (CC)
- F v Minister of Safety and Security and Others 2012 (1) SA 536 (CC)
- Maphango and Others v Aengus Lifestyle Properties (Pty) Ltd 2012 (3) SA 531 (CC)
- City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another 2012 (2) SA 104 (CC)
- Mthimkulu and Another v Mahomed and Others 2011 (6) SA 147 (GSJ)
- Gundwana v Steko Development and Others 2011 (3) SA 608 (CC)
- Betlane v Shelly Court CC 2011 (1) SA 388 (CC)
- Mail and Guardian v Judicial Services Commission 2010 (6) BCLR 615 (GSJ)
- Etv and Others v Judicial Services Commission and Others 2010 (1) SA 537 (GSJ)
- Abahlali baseMjondolo Movement SA and Another v Premier of KwaZulu-Natal and Others 2009 (3) SA 245 (D); 2010 (2) BCLR 99 (CC)
- Darries / Joseph and Others v City of Johannesburg and Others 2009 (5) SA 284 (GSJ); 2010 (3) BCLR 212 (CC)
- Blue Moonlight Properties 039 (Pty) Ltd v the Occupiers of Saratoga Avenue and Another 2009 (1) SA 470 (W)
- Occupiers of 51 Olivia Road, Berea Township and 197 Main Street, Johannesburg v City of Johannesburg and Others 2008 (3) SA 208 (CC)
- Sailing Queen Investments v Occupants La Colleen Court 2008 (6) BCLR 666 (W)
- Lingwood and Another v Unlawful Occupiers of R/E ERF 9 Highlands 2008 (3) BCLR 325 (W)