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On 17 October 2024, SERI senior researcher Dr Yvonne Erasmus presented in the keynote plenary at the 5th International Social Justice Conference held at the Artscape in Cape Town. The conference was hosted by Stellenbosch University's Centre for Social Justice under the theme 'Social Justice and the Sustainable Development Goal on ZERO HUNGER'.

Yvonne spoke on a panel alongside Prof Thuli Madonsela (Professor of Law and Director: Centre for Social Justice, Stellenbosch University), Ms Nkatha Ntoburi (Regional Social Policy Officer, Food and Agriculture Organisation of the United Nations), Dr Samkelo Bala (Lecturer and Researcher, University of Witwatersrand, South Africa), and Prof (Extraordinary) Scott Drimie (Southern Africa Food Lab, Faculty of Agrisciences, Stellenbosch University). Dr Nomakwezi Mzilikazi (Deputy Vice-Chancellor: Research, Innovation and Strategic Partnerships, Rhodes University) moderated the session.

The event brought together around 200 participants from government (both the South African government and ambassadors from various countries), academia, civil society, and the corporate sector. Yvonne drew on SERI’s work on food insecurity, the right to food, the experiences of those affected, and the remedies they seek. She highlighted some existing legal and policy gaps and reiterated that the right to food is a pressing social justice issue. As part of her presentation, she also played a video prepared for World Food Day on the 16th of October in which some of SERI’s partners discuss what food security and the right to food means for them.  

• Watch the World Food Day video here.
• See here for more information on the Conference and the programme.

On 29 October 2024, the Pretoria High Court will hear submissions in Institute for Economic Justice and Another v Minister for Social Development and Another in which SERI represents the Institute for Economic Justice (IEJ) and #PayTheGrants (#PTG). The IEJ and #PTG launched an application against the Minister for Social Development, and the South African Social Security Agency (SASSA) in July 2023, challenging regulations that unlawfully and unconstitutionally exclude up to 50% of applicants, who make up about 8 million people living in food poverty, from receiving the Social Relief of Distress (SRD) grant. The applicants contend that exclusionary procedures, adopted by the state, in administering the grant, together with the low grant value and low-income threshold for eligibility, are unlawful, irrational, and in conflict with section 27(c) of the Constitution, which guarantees the right to social assistance. In October 2023, National Treasury applied to intervene in the case, on behalf of the Minister of Finance, to oppose aspects of the relief sought.

In May 2020, at the height of the COVID-19 pandemic and the national state of disaster, the South African government introduced a Covid-19 SRD grant, with a value of R350 per month. This was initially restricted to unemployed adults and later extended to adults with little or no income. The SRD grant, which was extended well beyond the end of the national state of disaster, has been providing vital relief to millions of poor South Africans. It has alleviated income poverty, reduced hunger, and stimulated the local economy. In a statement on 27 March 2023, President Ramaphosa acknowledged that the SRD grant "has lifted millions of people out of food poverty".

The available data shows that at least 16 million people should qualify for the SRD grant, which is now available to persons who have an income below R624, regardless of whether they are unemployed. However, while in March 2023, approximately 14 million people applied for the grant, only 8.3 million of those applications were approved. At the peak of applications, in March 2022, close to 16 million people applied for the grant.

The grant has since been increased to R370 per month and has been included in the amended Regulations that administer the grant. Unfortunately, since the introduction of the SRD grant, the food poverty line has increased from R585 to R760 due largely to rising food inflation. As argued by IEJ and #PTG in a statement, "the SRD grant still has much less purchasing power in 2024 than it did in 2020, and is much less able to protect beneficiaries against hunger. If the SRD grant had merely kept pace with inflation it would have reached approximately R440 in April 2024."

The applicants submit evidence drawn from 79 individuals who have provided supporting affidavits that detail how they have been personally affected the unjust administration of the grant—forcing many into hunger. The applicants submit several reasons why eligible applicants are excluded from receiving the SRD grant, including: (1) the over-broad definition of income used to measure whether an applicant falls below the means-test threshold, (2) unlawful questions in the online application form, (3) the exclusionary online-only application process, (4) flawed bank and database verification processes, (5) a narrow appeals process that excludes relevant new evidence, (6) an arbitrary exclusion of qualifying applicants when funds are depleted, (7) a reduction in the grant's value over time, (8) an irrational and retrogressive income threshold, and (9) widespread and systemic non-payment of approved beneficiaries.

• Read more about the case here.

From 16 to 20 September 2024, SERI researcher Thato Masiangoako participated in the Global Strategy Meeting (GSM) of the International Network for Economic, Social and Cultural Rights (ESCR-Net), which took place under the theme "Building Collective Power to Shape Our Futures". The Meeting brought together over 100 ESCR-net members from around the world to set the network’s strategic agenda for the next five years which is rooted in "justice, dignity, and care for people and the planet". The Meeting took place in Chiang-Mai, Thailand and was jointly hosted by ESCR-net, the Asia Indigenous Peoples Pact (AIPP) and the Asia Pacific Forum on Women, Law and Development (APWLD). Other South African-based ESCR-net members that participated in the GSM included Abahlali baseMjondolo,  the Women’s Legal Centre, and the Legal Resources Centre.

 * Photos courtesy of ESCR-net.

The meeting comprised plenary panel discussions and presentations, break-away group discussions and incorporated several opportunities for member-to-member exchanges and solidarity-building. The meeting also gave a special focus on the plight of Palestinians and indigenous groups globally. The various sessions aimed to develop a shared political analysis of the current global context and the various crises of care, climate, debt, and escalating violence faced globally to further develop the conditions identified in the Common Charter for Collective Struggle of 2016. The meeting provided space for members to develop a new ESCR-Net strategic framework that is member-led and is aimed at realising the envisioned futures that were collectively developed throughout the meeting. As a member of the ESCR-net's strategic litigation working group and the research and monitoring working group, SERI had the opportunity to participate in the break-away sessions of these working groups.

Across the various discussions, members shared an understanding of the nature and causes of the various crises as rooted in capitalism, colonialism/imperialism, and patriarchy. Members also emphasised the importance of unity and building solidarity, strengthening political education, developing narratives derived from community-led knowledge, and  the need for an intersectional analysis as vital strategies for confronting today’s global challenges.

• Read more about the GSM here.

The 26^th of October 2024 marks a year since the Khampepe Commission of Inquiry into the Usindiso fire tragedy, which claimed the lives of 76 people including 12 children, leaving many more injured and destitute. The Usindiso Building, which had become derelict, was owned by the City of Johannesburg (the City), and managed by Johannesburg Property Company (JPC). Part 1 of the Khampepe Commission found that the building was abandoned by the City and JPC at least since 2019 and that the City and its entities, including the JPC, must bear partial responsibility and/or accountability for the tragedy and that the consequences of the fire would have been mitigated had the City complied with its legal obligations as owner and municipality.

The Socio-Economic Rights Institute of South Africa (SERI) has written an open letter to Gauteng Premier Panyaza Lesufi on the anniversary of the Commission's first sitting to call for justice for the victims and survivors of the fire at the Usindso building. The letter calls upon the Premier to:

1. Acknowledge the commencement of the work of the Commission a year ago today;
2. Communicate with the public about what has been done about its recommendations; and
3. Respond to our open letter in writing, informing us about the progress on the implementation of the Commission’s recommendations.

The open letter urges the Honourable Premier to stand behind the recommendations of the Khampepe Commission, and to ensure that the lives lost in that fire were not lost in vain. The letter also calls on the Honourable Premier to end the silence that surrounds this tragedy, and to take the decisive action recommended in Part I to safeguard the lives of those still living in dangerous conditions.

• Access the full open letter here.