On 29-30 May and 3 June 2013, Stuart Wilson of SERI, together with Paul Kennedy SC, appeared in the Western Cape High Court to defend 6 000 occupiers of the isiQalo informal settlement in Cape Town. The occupiers are represented by the Legal Resources Centre (LRC). The owners of the land are bringing an application for the eviction of isiQalo; however say they are willing to sell or lease their land to the City of Cape Town, or to be expropriated by it. The City says it will do nothing in the foreseeable future and that the residents are "land invaders" who should not be rewarded for 'invading' the land.
On 3 June, an order was agreed by all the parties. It states that the residents of isiQalo will remain in occupation of their homes pending a further order by the court. The following parties are now joined to the proceeedings: the Minister of Human Settlements; Minister of Public Works; Minister of Rural Development and Land Reform; Western Cape MEC for Human Settlements; and Western Cape MEC for Public Works. Together with the City, they must provide reports to the court by no later than 2 September 2013. These reports must detail what vacant, unused national, provincial and City land exists in the City of Cape Town's jurisdiction, and whether or not it is suitable and available for emergency housing for the residents (if not, reasons for this must be provided). The owners and residents may also provide information on any vacant land in the City's jurisdiction which they think is suitable and available for emergency housing.
SERI is proud to announce that, as of May 2013, Justice Zak Yacoob has been appointed the Patron of SERI. Justice Yacoob served as a Justice of the Constitutional Court of South Africa from 1998 to 2013, during which time he wrote a number of groundbreaking judgments for socio-economic rights. These include Grootboom, Olivia Road, Mooiplaats, Skurweplaas. and Motswagae. As Patron of SERI, Justice Yacoob will assist us in starting a public lecture series on socio-economic rights, will be on hand to advise and encourage us in our work, and will disseminate information on socio-economic rights.
On 24 August 2012, 46 applicants who collectively refer to themselves as the “Forgotten Poor Black Citizens of South Africa” approached the Constitutional Court to make an application for direct access to the Court. The applicants seek an order from the Court setting aside a number of court orders from lower courts. The applicants declined the suggestion to obtain legal representation and, in order to further its understanding of the matter, the Court requested SERI and the Legal Resources Centre (LRC) to conduct an initial investigation into the application and to compile a report of the findings. SERI and the LRC found that at the core, the majority of the matters the applicants seek to bring under appeal point very strongly to potentially far-reaching systemic failures in the process of evictions and executions concerning residential property.
On 14 May 2013, SERI appeared in the SCA representing a woman whose house was invalidly sold in execution. The Sheriff did not comply with the Uniform Rule 46(7)(e), which embodies important formalities: it advertises the sale of the property, including at the place the sale will happen, and informs the public of the nature of the thing to be sold. The full and proper advertisement of a sale-in-execution is an important means of ensuring that the sale achieves as close to fair value as possible, in the interests of both creditor and debtor. This case is important to ensure fairness of the sale-in-execution process. On 23 May 2013 judgment was handed down.
On 10 May 2013, Jackie Dugard will be presenting at a United Nations (UN) event in New York to celebrate the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). The event is co-hosted by the UN Office of the High Commissioner for Human Rights (OHCHR), NGO Coalition for the OP-ICESCR and the International Network for Economic, Social and Cultural Rights (ESCR-Net). Jackie will speak on "Reasonableness – Exploring the Relationship between Domestic Justiciability of ESCR and the OP-ICESCR". Read more on the event here.