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On Wednesday 18 March 2020, SERI attorney Khululiwe Bhengu joined Sakina Kamwendo on SABC News to discuss the raids case that is currently before the High Court. 

Khulululiwe discussed why the 2,852 inner-city residents that SERI represents are challenging the constitutionality of section 13(7) of the South African Police Services Act which was used as the legal basis for conducting 18 of the 20 warrantless raids that were conducted between 30 June 2017 and 3 May 2018. The other two raids were conducted with no authorisation at all.

During the raids, which were jointly conducted by the South African Police Services (SAPS), the Johannesburg Metropolitan Police Department (JMPD), the Department of Home Affairs and the City of Johannesburg, officials forced residents out of the buildings and onto the streets (often in the middle of the night while residents were only partially clothed), where they were searched, finger-printed and commanded to produce copies of their identity documents, passports or asylum seekers’ permits. Anyone who was unable to produce their identity documents was detained. 

Khululiwe explained that the section should be declared unconstitutional because it allowed for the violation of the residents' rights to privacy and dignity. She highlighted that the Constitutional Court has, in various matters, consistently ruled against the use of warrantless searches because of their violation of these constitutional rights.

Khululiwe also explained how the act was used to bypass existing pieces of legislation such as the Immigration Act and the Criminal Procedure Act.

• Watch the full interview here.
• Read more about the case here.

The Socio-Economic Rights Institue of South Africa (SERI) is looking to appoint a senior researcher and two candidate attorneys to join its offices in Johannesburg. 

Senior Researcher

Reporting to the Director of Research and Advocacy, the Senior Researcher will be expected to help develop and implement a wide-ranging research programme.

Requirements:

• At least an MA in a humanities or social science-related discipline; 
• Minimum five years’ experience in social research design, implementation and publication;
• Excellent writing skills and a publication record; 
• Fundraising experience;
• Proven ability to apply local legal and policy frameworks and international human rights-based frameworks to social research and various forms of advocacy;
• Ability to co-ordinate and manage research and advocacy projects and team members;
• A record of interest in and engagement with any area of work in which SERI is active; and
• Fluency in any of South Africa’s indigenous languages.

To apply, submit your CV, two unedited samples of recent written work, together with a covering letter, to Princess Nkuna at This email address is being protected from spambots. You need JavaScript enabled to view it.  quoting the position in your covering letter. Applications to be submitted by 15 April 2020.  

• View the full advertisement here.

Candidate Attorneys

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. 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 international travel and continuing professional training and development.

If you are interested in either of these posts, please send a CV, together with a covering letter to Princess Nkuna at This email address is being protected from spambots. You need JavaScript enabled to view it.. The closing date for applications is Wednesday 15 April 2020. Only shortlisted candidates will be contacted, and will be expected to make themselves available for interview in May or June 2020.

• View the full advertisement here.

On Monday, 16 March 2020, the residents of 11 buildings in inner-city Johannesburg, represented by SERI, appeared in front of the full bench of the High Court in Johannesburg to challenge the lawfulness and constitutionality of over 20 police raids of their homes. The raids were conducted between 30 June 2017 and 3 May 2018 in terms of section 13 (7) of the South African Police Services (SAPS) Act while two of the raids were conducted without any legal authority at all. 

In several raids, as many as 80 officials from the South African Police Service (SAPS), the Johannesburg metropolitan police department (JMPD), the department of home affairs and the City of Johannesburg made their way to the buildings. They forced the residents out of the buildings and onto the streets, sometimes in their nightdresses, where they were searched, finger-printed and commanded to produce copies of their identity documents, passports or asylum seekers’ permits. Inside the buildings, the police left the residents’ homes in disarray. They broke down doors and partitions, damaged furniture and even stole valuable items and small amounts of cash.

The residents challenged the constitutionality of section 13(7) insofar as it allows for a person’s home to be searched without a warrant issued by a court. They further claimed compensation for the breach of their rights to privacy contained in section 14 of the South African Constitution.

Judge President Mlambo reserved judgment in the matter.

• Read more about the case and find all the papers here.
• Download the SERI press statement on the case here.
• Read an op-ed by SERI's Thato Masiangoako here.
• Read an article published by The Star here. 

On 18 March 2020, the Mail & Guardian published an article written by SERI researcher Thato Masiangoako about the harm caused by the inner city raids and the illegal conduct of officials during the raids. These raids were conducted at the behest of the then-minister of police, Fikile Mbalula, and the then-mayor of Johannesburg, Herman Mashaba. Between 30 June 2017 and 3 May 2018, 11 inner-city buildings were raided more than 20 times, with some being raided as many as five times in 10 months. 

The residents of these buildings, represented by SERI, are challenging the constitutionality of section 13(7) of the South African Police Services Act, and the grounds on which these raids were conducted. On 16 March 2020, the matter was heard before a full Bench of the High Court in Johannesburg. Judgment was reserved. 

The op-ed argues that the piece of legislation relied on to conduct the raids (section 13(7) of the SAPS Act) was used to justify a violation of the residents’ constitutional rights to privacy and dignity as part of a project that envisions Johannesburg as a city that belongs to some to the exclusion of others.

Masiangoako writes: "the presumed criminality of those people who are policed and the criminal conduct of the police who raided their homes shines a light on the crisis in policing in South Africa".

• Read the full op-ed here.
• Read more about the case here.