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[ADVOCACY] Two years after Mahlangu: Taking stock of domestic work in South Africa (16 January 2023).

Late last year, on 30 November, SERI and the Nelson Mandela Foundation (NMF) co-hosted, “Two Years after Mahlangu: Taking Stock of Domestic Work in South Africa”. The event was held at the Nelson Mandela Foundation in Johannesburg, with approximately 94 people in attendance. 

The event began with opening remarks by NMF’s CEO, Sello Hatang, and SERI’s executive director, Nomzamo Zondo. Sello reminded those in attendance of the purpose of the event- to take stock of the situation of domestic workers two years since the Mahlangu judgment in November 2020 and a year since the first dialogue organised by SERI and NMF. He highlighted the precarious working conditions faced by domestic workers in the present, which are deeply rooted in South Africa’s colonial and apartheid past, and related the story of his own mother who after 40 years of working as a domestic worker retired with nothing. NZ Mahlangu Two Year

Nomzamo then provided context for the event, the background of the Mahlangu v Minister of Labour matter and brought those in attendance up to speed regarding the number of claims from domestic workers which have been processed by the Compensation Fund since the handing own of the judgment. In June 2022 only 7 claims had been received by the Fund and of the claims received only 5 had been accepted. The Fund also received 1677 registrations from employers of domestic workers, which translates to less than 1% of employers. Nomzamo concluded by thanking the Foundation for using its platform and the name of Nelson Mandela in the pursuit justice for domestic workers, whose issues are largely ignored by the media. 

Seeham Samaai, director of the Women’s Legal Centre, provided the keynote address, which focused on the impact of the casualisation and feminisation of labour on vulnerable workers. Seeham stated, 

“Black Women make up a large part of the poor and the working class. They are locked in cycles of poverty, they are bound to casual labour where they are paid the least, but work the longest hours. For women casualisation of labour impacts on the rights to organise, on the family life, as well as the vulnerability to sexual violence in the workplace. We recognise also that the impact of intersectionality on women's work experiences and acknowledge the struggles faced by all vulnerable workers, which includes farmworkers, migrant workers, domestic workers, sex workers, health workers, lesbian, bisexual, transgender women and women from both rural and urban areas”

The panel consisted of Pinky Mashiane (President, United Domestic Workers of South Africa), Chriscy Blouws (Attorney, Women’s Legal Centre), Nokuthula Sihlangu (Claim’s Director, Compensation Fund) and was facilitated by Keitumetse Fatimata Moutloatse (Black Womxn Caucus).The panellists made the following remarks:

  • Although South Africa has progressive laws for domestic workers, these laws are not accessible. 
  • The use of an intersectional lens will give effect to substantive equality. The lived realities and context of domestic workers need to be considered in the drafting and implementation of laws.
  • Non-compliance from employers remains a significant hurdle in realising the rights of domestic workers. 
  • Collaboration between the key stakeholders- government, employers and domestic worker organisations and other civil society actors, needs to be sustained.

 

 NMF Mahlangu 2022  NMF Mahlangu 2022  Mahlangu 2022 Audience

 

  • Watch the event here.
  • Read more about the Mahlangu case here.
  • Download the employers guide here.
  • Read the press statement on the anniversary of the Mahlangu judgment here.

[PUBLICATION] SERI and partners launch eThekwini Street Traders Guide (30 January 2023).

eThekwini Traders

 

On 6 December 2022, the Socio-Economic Rights Institute (SERI), the South African Informal Traders Forum (SAITF) and the Southern African Human Rights Defenders Network (Southern Defenders) launched a new guide for street traders in eThekwini entitled “Street Trade in eThekwini: Your Rights” in Durban. The guide, developed in close consultation with street traders operating in eThekwini, explains the rights of informal traders and the laws and policies that protect them, and gives informal traders practical advice on how to engage with the eThekwini Municipality and its officials. The launch was attended by 50 people, the vast majority of whom were traders from different organisations across Durban. 

SERI researcher, Kelebogile Khunou, SAITF’s Verushka Memdutt and Southern Defender’s Simphiwe Sidu welcomed the attendees to the event, providing the background of the development of the guide which involved the three organisations. Kelebogile then outlined the contents of the guide. The rest of the event was a panel discussion facilitated by SERI senior attorney, Khululiwe Bhengu. On the panel was Brian Phaaloh (secretary general SAITF), Patrick Ndlovu (Asiye eTafuleni, co-founder) and Dr. Mimi Ndokweni (Business Support Unit, eThekwini Municipality). 

Brian provided insights from the perspective of traders and highlighted the challenges traders in eThekwini experience which include harassment by law enforcement and issues regarding the permitting system. Patrick from Asiye eTafuleni, a non-profit organisation which focuses on promoting and developing good practice and process around inclusive urban planning & design, shared the experience of the organisation in supporting informal traders, emphasising the fact that traders who know their rights in relation to the regulatory framework are often targeted and penalised by law enforcement. Dr. Ndokweni spoke about the municipality’s plans to further support traders in eThekwini, acknowledging the challenges encountered thus far. The panel inputs were followed by audience discussion. In conclusion, Khululiwe underscored the need for increased collaboration between the trader organisations which exist across the municipality, as well as the need for ongoing engagement between the municipality and trader organisations. 

  • Download the new guide for street traders in eThekwini here.
  • Download the new guide for street traders in eThekwini in IsiZuluhere.
  • Download the earlier guide for street traders in Johannesburg here.

[NEWSLETTER] SERI's December 2022 Newsletter is out! (15 December 2022).

 

newsletter header 20222

This is SERI’s final newsletter for 2022. In it we present a few highlights from our work since our last newsletter was circulated in October.

In October, SERI welcomed a High Court judgment in the matter Ryckloff-Beleggings (Pty) Ltd v Ntombekhaya Bonkolo and 71 Respondents concerning the possible eviction of over 100 waste reclaimers. The High Court ordered the City of Johannesburg to provide the reclaimers with temporary accommodation that will allow them to continue to earn a living through waste reclaiming.

Also in October, on Abahlali baseMjondolo’s 17th birthday, SERI and Abahlali launched a new Community Practice Note (CPN) on the movement in eKhenana, Cato Manor. The CPN details the movement’s 17-year history and memorialises the 24 members it has lost to state-sanctioned and political violence, including three leaders from eKhenana. We also launched a new guide to assist street traders in eThekwini in December.

SERI also made a number of submissions on proposed pieces of legislation that would affect the current protections available to people who are landless.

View the full newsletter online here.

[PUBLICATION] SERI launches new guide for street traders in eThekwini (6 December 2022).

Traders eThekwiniToday, SERI, the South African Informal Traders Forum and the Southern African Human Rights Defenders Network launched a new guide for street traders in eThekwini entitled “Street Trade in eThekwini: Your Rights”.

It explains the rights of informal traders and the laws and policies that protect them, and gives informal traders practical advice on how to engage with the eThekwini Municipality and its officials. The guide begins by setting out how one can become a registered informal trader. It then sets out the legal relationships between registered informal traders and the Municipality. It then describes the Municipality’s powers in regulating informal trade and sets out what legal steps traders can take when they experience unfair treatment by the Municipality. The guide ends with a section explaining the importance of protecting human rights defenders and a list of useful contact details.

The guide is based on an earlier guide that SERI produced for traders in Johannesburg and has been developed in close consultation with street traders operating in eThekwini, drawing directly from their experiences and insights. The guide is also available in IsiZulu

  • Download the new guide for street traders in eThekwini here.
  • Download the new guide for street traders in eThekwini in IsiZulu here.
  • Download the earlier guide for street traders in Johannesburg here.

[INVITATION] Two Years after Mahlangu: Taking stock of domestic work in South Africa (21 November 2022).

 

 The Nelson Mandela Foundation and the Socio-Economic Rights Institute of South Africa (SERI) invite you to attend a dialogue entitled: 

Two Years after Mahlangu: Taking Stock of Domestic Work in South Africa 

 

SERI Mahlangu Event Banner Draft 4Date: Wednesday, 30 November 2022 

Time: 18h00 - 19h30 (followed by a light supper) 

Venue: Nelson Mandela Foundation, 107 Central Street, Houghton Estate, Johannesburg 

On 19 November 2020, the Constitutional Court handed down a monumental judgment affecting South Africa’s one million domestic workers and their families. In Mahlangu v Minister of Labour, the Court declared the constitutional invalidity of section 1(xix)(v) of COIDA, which excluded domestic workers employed in private households from the definition of "employee". Significantly, the Court also ruled that domestic workers and dependants who have experienced work-related injuries, diseases or death as far back as 27 April 1994 are also able to submit claims. Despite the victory of the judgment, in the two years since the Mahlangu victory, less than ten claims from domestic workers have been processed. The challenges in implementing the judgment are characteristic of the challenges in enforcing labour laws for domestic workers in general. The purpose of “Two Years after Mahlangu” is to use the anniversary of the Mahlangu judgment to create a dialogue between government, civil society organisations representing domestic workers and employers, and members of the public about key issues in the domestic work sector and to explore solutions. 

 

SPEAKERS 

Keynote Address: Seeham Samaai (Director, Women’s Legal Centre) 

Speakers: Pinky Mashiane (United Domestic Workers of South Africa), Jacqueline Utamuriza-Nzisabira (UN Women), Chriscy Blouws (Women's Legal Centre), Nokuthula Sihlangu (Compensation Fund). Facilitator: Keitumetse Fatimata Moutloatse (Black Womxn’s Caucus) 

Click the link to RSVP: https://forms.gle/yKBPJpLXcgodQqYy9 by Friday, 25th November 

For more information, please contact Kelebogile Khunou: This email address is being protected from spambots. You need JavaScript enabled to view it..