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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.

Today, 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.

 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 

Date: 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.. 

On 11 November 2022, SERI made a submission on the land court bill. SERI broadly welcomes the creation of the Land Court and the vision of the Bill. It makes these submissions to address specific aspects of the Bill that may still present obstacles to the effective performance of the Land Court and the realisation of the Bill’s vision. SERI proposes changes to address the issues raised in this submission. These are:

• Jurisdiction of the Land Court;
• Capacity to deal with matters arising from the PIE Act, given the proposed removal of High Court jurisdiction under the PIE Act;
• The appointment of judges;
• Resourcing of the Land Court, including the appointment of mediators, assessors and court staff. 

Overall, SERI is concerned that the Bill in its current state will not fulfil its ambitions or advance the Land Court as a capable and functional institution. We therefore recommend that it be amended in line with this submission. 

• Access the full submission here.