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[LITIGATION UPDATE] SERI intervenes as the third applicant in a case challenging discriminatory land tenure laws (7 June 2024).

On Friday, 7 June 2024, SERI appeared in the High Court in Johannesburg in the case of Mothlamme v Maimane. SERI brought this application in the public interest as per section 38(d) of the Constitution. The first and second applicants are challenging the constitutionality of section 6(1) of the Conversion of Certain Rights into Leasehold or Ownership Act, 81 of 1988 (“Conversions Act”) and section 2(1) of the Upgrading of Land Tenure Rights Act 112 of 1991 (“Upgrading Act”). The core of this constitutional challenge is that these sections perpetuate the violation of the right to equality for Ms Motlhamme (the first applicant), and other women, by unfairly discriminating against them based on their sex. 

Ms Johanna Motlhamme was married to Mr Molefi Maimane, who according to the Regulation 7 of 1037 of 1968 (“Regulation 7”) was the sole permit holder.  The Upgrading Act aimed to provide a more secure form of land tenure to Africans who, under the apartheid regime, had precarious land rights. The Act automatically converted Mr Maimane's tenancy rights to ownership rights, excluding Ms Motlhamme and resulting in her losing all rights to the house. This exclusion occurred because, by legislative provision, only a man, considered the head of the family, could hold the permit.

The first and second applicants challenge the constitutionality of the specific sections which converted the occupational right, being section 6(1) of the Conversion of Certain Rights into Leasehold or Ownership Act, 81 of 1988 (“Conversions Act”) as well as the legislation which upgraded the right to ownership, being section 2(1) of the Upgrading of Land Tenure Rights Act 112 of 1991 (“Upgrading Act”). SERI supports this application and seeks to also broaden the challenge of Constitutional invalidity to include section 13(1) of the Upgrading Act. SERI intends argue that the shortened or automatic conversion of these land tenure rights under the Upgrading Act unfairly discriminates against a wide range of women by excluding them from accessing ownership rights or secure tenure. This discrimination stems from the inherent deprivation of land tenure rights as contemplated in the Regulations, now protected by section 6(1) of the Conversions Act and the Upgrading Act. 

On the 24 April 2024, the court set the matter down for hearing. However, the judges adjourned the matter to the 7 June 2024 to give State Respondents an opportunity to outline the necessary parliamentary processes in light of the relief sought by the applicants. 

  • Access all the papers here

[OP-ED] Lauren Royston, Siyabonga Mahlangu and Thapelo Mohapi write about the New White Paper on Human Settlements (31 May 2024).

Screenshot 2024 05 31 at 12.10.28On 30 May 2024, the Daily Maverick published an op-ed co-authored by SERI's Lauren Royston, the Inner City Federation’s Siyabonga Mahlangu and Abahlali BaseMjondolo’s Thapelo Mohapi entitled, ' New white paper on human settlements threatens a core constitutional right’ 

The op-ed critically examines the newly released Housing White Paper, highlighting both its procedural shortcomings and substantive concerns regarding housing rights in South Africa.

The authors argue that although the White Paper begins with general principles that affirm the constitutional mandate, it ends with a recommendation to review the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998 (PIE Act). This is particularly troubling as the recommendation is buried in a section where it seems out of place:

“Unlawful development must be discouraged severely. This entails reviewal (sic) of the PIE Act which requires alternative accommodation for illegal occupation of land.”

The authors conclude that: 

As the 30 years of democracy commemorations abound, we might imagine that more progress would have been made on the desperate need for housing and land faced by a large proportion of the population.

Instead, we have a draft White Paper that threatens a core constitutional right.

  • Read the op-ed here
  • Access SERI, Abahlali baseMjondolo and the Inner City Federation comments on the White Paper can be found here.

[JOB OPPORTUNITY] SERI is looking for two candidate attorneys to join our team (31 May 2024).

The Socio-Economic Rights Institute of South Africa (SERI) Law Clinic wishes to fill up to two vacancies for candidate attorneys (CAs).

These vacancies will arise on or after 1 January 2025.

The SERI Law Clinic has a first-rate human rights practice, which encompasses constitutional and administrative law, criminal defence, defamation, labour law, property law, contract law (insofar as it involves consumer protection) and actions against the police and other delictual claims. SERI concentrates its work in South Africa’s townships, informal settlements and other poor and marginalised communities. SERI’s practitioners appear regularly at all levels of the court system, up to and including the Constitutional Court. SERI has an enviable track record in obtaining and enforcing ground-breaking judgments. You can find out more about SERI on www.seri-sa.org and www.fightingforaliving.org.

SERI is authorised by the Legal Practice Council to accept and train CAs. CAs are recruited for a fixed-term of two years, leading to qualification and admission as an attorney. These posts carry salaries in the region of R340 000 per annum.

The requirements for the positions are as follows -

Essential

  • LLB Degree.
  • Interest in and, some prior engagement with, human rights law or litigation.

Desirable

  • Interest in, and experience of, research and publication.
  • Fluency in any of South Africa’s indigenous languages.

SERI wishes to contribute to the development of a new generation of human rights lawyers at the national and international level. Accordingly, the positions carry with them significant opportunities for travel and continuing professional training and development. 

If you are interested, please send a CV, academic transcript and covering letter to Princess Nkuna at This email address is being protected from spambots. You need JavaScript enabled to view it.In your letter, provide a detailed explanation of why you are interested in working for SERI, and what qualities and experience you would bring to the post.

Generalised covering letters, which do not engage with SERI’s activities and purpose, will not be considered.

 The closing date for applications is Friday 5 July 2024. Only shortlisted candidates will be contacted, and will be expected to make themselves available for interview in August 2024.

Download a pdf version of the advert here.

[ADVOCACY] SERI participates in celebration of 30 years of freedom and democracy with domestic workers (24 May 2024).

IMG 20240521 WA0019On 11 May 2024, SERI participated in the celebration of ‘30 years of Freedom and Democracy with Domestic Workers’ hosted by the Department of Employment and Labour’s Compensation Fund, under the theme ‘Freedom for All’.The event was held to acknowledge the invaluable contributions of domestic workers and to recognise that since 2020, domestic workers are now protected under the Compensation for Occupational Injuries and Diseases (COID) Act 10 of 2022 as amended. The event was held at the Emperor’s Palace in Johannesburg and was attended by over 1000 people including domestic workers and trade union members.

SERI’s Executive Director Nomzamo Zondo delivered a message of support, in which she reflected on the Mahlangu v The Minister of Labour case and the significance of its inclusion of domestic workers under COIDA. She also acknowledged the important role played by the various domestic worker trade unions in spreading awareness to domestic workers about their rights and providing support in instances of labour disputes.  

Additional messages of support and solidarity were shared by the Commission for Mediation, Conciliation, and Arbitration (CCMA), the Federation of Unions of South Africa (FEDUSA), the National Council of Trade Unions (NACTU), the South African Federation of Trade Unions (SAFTU), and the Congress of South African Trade Unions (COSATU).

At the event, SERI also had a stall where Yongeza Mbimbi and Cheriese Dilrajh distributed approximately 600 factsheets, 150 employer guides, and 150 domestic worker rights guides and had the opportunity to engage with the domestic workers present.

[ADVOCACY] SERI's Jason Brickhill speaks to ASRI fellows about democracy and accountability (22 May 2024).

JB ASRI ZeinabOn 9 May 2024, SERI's Jason Brickhill spoke to 18 young graduates about SERI's work in instances of significant constitutional non-adherence by the state and what work SERI deems important to strengthen democracy and accountability in South Africa. The young graduates are currently fellows of the Auwal Socio-Economic Research Institute (ASRI) Future Leaders Programme. Jason spoke alongside Lawson Naidoo of the Council for the Advancement of the South African Constitution (CASAC). ASRI director of research Angelo Fick facilitated the discussion and the young graduates had an opportunity to ask questions and share their views of the topic.

Jason and Lawson discussed the nature of SERI and CASAC's work particularly their use of litigation as a tool to protect and advance constitutional rights. Discussing the importance of protecting the Constitution, Lawson Naidoo said, "the Constitution is only as powerful as it is used" and that "unless the Constitution has an impact on people’s lives, they are not going to care about it."

Both Jason and Lawson reflected on the changing context in which SERI and CASAC now work and about how there are new challenges for civil society and grassroots movements on the frontlines, in particular. They also briefly reflected on the importance of voting and the significance of the upcoming national elections in May 2024.

Jason also discussed the nature of SERI's work and the use of research, advocacy, and litigation as tools to advance socio-economic rights. He then reflected on the nature of SERI's litigation which is typically made up of a combination of "fast and slow litigation". Many of SERI's cases require swift intervention such as in cases of unlawful evictions, the disconnection of basic services or unwarranted arrests, however, another significant portion of SERI's litigation is much more protracted and is usually strategically focused to achieve meaningful progression and development of the law.