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SERI is deeply saddened to learn of the passing of Ayanda Kota and we wish to extend our heartfelt condolences to his family and friends. SERI represented Ayanda Kota in a civil damages case for his unlawful arrest and detention in 2012. While wrongfully arresting Kota, the police assaulted him in front of his son and was detained for approximately 17 hours.

In 2020, SERI was fortunate to have interviewed Ayanda Kota for a water rights case study, entitled Makana Local Municipality: provincial intervention in municipal crisis. Kota was generous with his time and knowledge, and most importantly was very passionate about addressing the myriad of challenges that plagued the Makana’s local governance.

He and the Unemployed People’s Movement played an important role in advocating for the interests of the poor and holding the Makana Local Municipality accountable over the years. Because of his work, he was forced to go into hiding in 2020 due to threats against him and his family.  Despite this, his commitment to justice led him to contest the 2021 local government elections, under the coalition Makana Citizen’s Front in which they won five proportional representation seats.

In 2022, Kota co-hosted a workshop with the Marikana families at the Grahamstown Arts Festival which helped host the 10^th anniversary of the Marikana massacre. Again, Kota was gracious and expressed his solidarity with the families’ quest for justice.

Comrade Ayanda Kota’s contribution to the struggle for the poor is invaluable and he will be sorely missed.

On 25 July 2023, the Socio-Economic Rights Institute of South Africa (SERI) in collaboration with Lawtons Africa made a written request to the Office of the President for the urgent proclamation of section 14A of the Upgrading of Land Tenure Rights Amendment Act 6 of 2021 (ULTRA Amendment).

The Upgrading of Land Tenure Rights Act (ULTRA) was enacted to automatically upgrade the rights of permit holders to free-hold by providing them with title deeds. While the intention of this legislation is progressive and important, ULTRA as an Act has not fully engaged with many complexities that exist for the people residing under those different permit tenancy systems.

One of the more prominent complexities relates to the concept of the family home, a traditional way of life in which families live together in one residence under the leadership of the family’s patriarch. The patriarch ensured unity amongst the family and acted as custodian of the family home property. During the apartheid regime, African males over the age of 21 were eligible to obtain a permit to the family home property. All other family members were listed on the permit as occupants under the patriarch permit holder.

With the enactment of ULTRA, permit holders were automatically upgraded to title deed holders. The disproportionate number of male permit holders who received full title to the exclusion of their remaining family members, together with the absence of a consultative process to determine the eligibility of permit holders to full title, is widely acknowledged as a major shortcoming of ULTRA.

Section 14A of the ULTRA Amendment provides a remedy to this inequity. It provides a legal mechanism for persons aggrieved by a conversion to full title to approach the court for relief. This relief includes an order setting aside the conversion and registration of a land tenure right or an order which is just and equitable in the circumstances.

The ULTRA Amendment was assented to by the President of the Republic of South Africa on 26 May 2021 and it still to be put into effect by promulgation.

The joint request for promulgation was made in light of the significance of section 14A and the need for a legal mechanism for substantial redress. It was also made in consideration of the 2019 Constitutional Court judgment of Rahube v Rahube & Others, which highlights the impact of ULTRA on equal access to property for women and required Parliament to introduce constitutionally valid procedures for the determination of those proprietary rights.

The request for promulgation was met with an encouraging response from the Office of the Presidency and was shortly followed by the release of draft regulations for public comment from the Department of Agriculture, Land Reform and Rural Development.

SERI and Lawtons Africa welcome this response from the Department and anticipate the positive trajectory that will culminate in the promulgation of the ULTRA Amendment and, significantly, the legal mechanism for redress contained in section 14A.

Sarah Goldman, Head of Pro Bono & Citizenship at Lawtons Africa, acknowledges that the promulgation of the ULTRA Amendment will be a significant step. She notes however that while section 14A provides a mechanism for redress, it is not redress in itself. Affected individuals are still required to approach the courts for the relief they seek and make out a case. She is of the view that this creates an obligation for all legal practitioners to assist affected individuals to access justice. “There is a dire need for pro bono legal services, and without these services, section 14A cannot be effective”, she says.

Senior attorney Nkosinathi Sithole made the following comment: "Laws enacted by the democratic government mustn't be reminiscent of previously discriminatory laws of apartheid, everyone, especially black women, must be given a right to a fair Constitutional redress in democratic South Africa". 

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Contact details: 

• Nkosinathi Sithole, SERI senior attorney: Nkosinathi[at]seri-sa.org.za / 082 589 747
• Veronica Vurgarellis, Director at Lawtons Africa: veronica.vurgarellis[at]lawtonsafrica / 082 330 8327

Download the statement here.

On 31 January 2024, The Socio-Economic Rights Institute of South Africa (SERI) made a written submission to the Department of Home Affairs on the White Paper on Citizenship, Immigration and Refugee Protection: Towards a Complete Overhaul of the Migration System in South Africa (the White Paper). SERI frequently provides comments in response to government public calls concerning draft laws and policies. 

SERI’s submission focuses largely on two issues. The first is the White Paper’s threat to remove the socio-economic rights of refugees and migrants which SERI argues would be unconstitutional and breach South Africa’s international law obligations under a wide range of treaties. These rights include rights to social assistance, education, health, and the right to work. SERI submits that taking away existing socio-economic rights currently enjoyed by refugees and
other migrants would also constitute retrogression and any attempt in new legislation to take away these rights would be inconsistent with the Constitution and invalid. 

The second issue is that the White Paper ignores the Department of Home Affairs's duties to combat xenophobia, and that such a duty should find expression in any new policy or law on migration and refugee protection. In addition, SERI is of the view that the White Paper may "unwittingly fuel xenophobia".

SERI also notes that the period allowed for public consultation, which fell over the year-end break, was inadequate and prevented SERI from being able to conduct detailed engagements with all its clients communities and partners across South Africa.

Ultimately, SERI finds that the White Paper is so fundamentally flawed - in its methodology, evidential base, and legal positions - and recommends that the White Paper be withdrawn and the process commenced afresh, using a more appropriate methodology, consultation with affected groups (especially migrants and refugees) and proper legal advice.

• Download the full submission here. 

From 22 to 25 January 2024, SERI, the University of Western Cape's Politics and Urban Governance Research Group, and the University of Sheffield hosted a workshop on ‘Storytelling in a time of crisis’. Residents from Slovo Park and members of the Slovo Park Community Development Forum (SPCDF) also participated in the workshop.

Over the four-day workshop, the participants had the opportunity to develop stories based on their personal experiences that contextualise and demonstrate their understanding of the crises they have faced. The participants also had the opportunity to develop their stories based on whichever format they preferred, including creating storybooks and podcasts. The sessions unpacked the process of developing a story and the important components of structuring a story. Another session focused on the process of scriptwriting. The participants were then able to present their stories for feedback.