Stuart Wilson

Executive Director

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

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, where he runs the undergraduate Property Law course. 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 and on the Human Rights Committee of the General Council of the Bar of South Africa.

Publications:

J Brown and S Wilson (2013) "A Presumed Equality: State and Citizen in Post Apartheid South Africa" African Studies, part 1.
S Wilson and J Dugard (2011) "Taking Poverty Seriously: The South African Constitutional Court and Socio-Economic Rights" Stellenbosch Law Review.
S Wilson (2011) "Planning for Inclusion in South Africa: The State's Duty to Prevent Homelessness and the Potential of 'Meaningful Engagement'" Urban Forum vol. 22(3).
S Wilson (2011) "Litigating Housing Rights in Johannesburg's Inner City: 2004-2008", first published in the special issue of the South African Journal on Human Rights on Public Interest Litigation vol. 27 pp. 127-151 © Juta & Co (access the Juta catalogue here).
S Wilson and J Dugard (forthcoming, 2013) “Constitutional Jurisprudence: the first and second waves” in M Langford, B Cousins, J Dugard and T Madlingozi (eds) Symbols or Substance: The Role and Impact of Socio-Economic Rights Strategies in South Africa (Cambridge University Press).
S Wilson (2009) "Breaking the Tie: Evictions, Homelessness and the New Normality" South African Law Journal vol. 126(2) pp. 270-290.
S Wilson (2006) "Judicial Enforcement of the Right to Protection from Arbitrary Eviction: Lessons from Mandelaville" first published in the South African Journal on Human Rights vol. 22(4) pp. 535-562 © Juta & Co (access the Juta catalogue here).
S Wilson (2004) "Taming the Constitution: Rights and Reform in the South African Education System" first published in the South African Journal on Human Rights vol. 20(3) pp. 418-447 © Juta & Co (access the Juta catalogue here).
S Wilson (2001) "The Myth of Restorative Justice: Truth, Reconciliation and the Ethics of Amnesty" first published in the South African Journal on Human Rights vol. 17(4) pp. 531-562 © Juta & Co (access the Juta catalogue here).

Selected cases litigated:

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 [2012] ZACC 26
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)