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Research Reports

Securing A Home Research Reports

Women's Equal Rights to Land and Housing

These reports form part of the Women’s Spaces project, made possible by Global Affairs Canada.

1. A Gendered Analysis of Family Homes in South Africa (June 2024).

This research report is the first in the series. It interrogates the concept of the family home through a gendered lens. The report finds that women and children, who are often the primary occupants of family homes are disproportionately affected by family home related disputes. Accompanying the reports are a series of fact sheets, which are topic specific summaries of different areas of the larger report. f

The guide is also accompanied by a series of information sheets. Access the information sheets below.

Fact Sheet 1: Understanding the Family Home.
Fact Sheet 2: Family Home Before the Courts - Moving Towards Legal Recognition?
- Fact Sheet 2A - Custodianship and Rights Inquiries as Useful Remedies.
- Fact Sheet 2B - Validity and Enforceability of Family Rights Agreement.
- Fact Sheet 2C - Reconsidering Family Rights Agreements and Moving Towards Legal Recognition?
Fact Sheet 3: Family Homes in Law and Practice.
Fact Sheet 4: How Do Family Home Disputes Affect Women?
Fact Sheet 5: How Can You Protect or Strengthen Your Claims to Your Family Home?
Fact Sheet 6: Policy Recommendations.

Eviction Research Series: Just and Equitable?

The evictions research series is concerned with the way in which the courts have adjudicated evictions. It aims to assess the courts compliance with relevant legislation and case law. In addition, the series maps the spatial distribution of evictions to highlight any areas that face particular vulnerability. This report is the first output in the series. Its focus is eviction cases in the inner city of Johannesburg and its immediate periphery filed at the Johannesburg Central Magistrate’s Court between 2013 and 2018.

1. An analysis of eviction applications in the Johannesburg Central Magistrate's Court and their compliance with the law (March 2022).

This research report is the first in the series Just and Equitable? It analyses eviction cases in 12 wards in the inner city of Johannesburg and its immediate periphery litigated at the Johannesburg Central Magistrate’s Court between 2013 and 2018 and asks whether eviction applications have been examined through the just and equitable lens, as the legislation requires. Even with a relatively small sample, the report makes important findings about: the extent to which evictions law is being followed in the adjudication of cases; whether consideration is being given to the personal circumstances of those being evicted and potential homelessness that might ensue; the reasons why people are being evicted; and the legal representation of respondents. The findings illustrate that a more hands-on approach from the judiciary in adjudicating eviction applications is essential to ensure that the legal protections from arbitrary evictions offered to the poor and vulnerable are realised.

This report was written by Nerishka Singh (lead author) and Yvonne Erasmus. >> Read the full report here.

Claiming Water Rights in South Africa

The research forms part of the global #ClaimYourWaterRights campaign initiated by End Water Poverty. This research examines how water rights are being claimed in South Africa, with a view to drawing lessons from the work of communities and civil society organisations in a diverse range of circumstances. It consists of four case study reports and a synthesis report which documents, synthesises and analyses the four case studies. The research was conducted in the first half of 2020 just as COVID-19 began to spread in South Africa. Access to water emerged early as integral to combatting the virus, as frequent handwashing is one of the key preventative measures. While the full extent of the impact of COVID-19 on water services in South Africa is still unfolding, the report offers some preliminary observations on this relationship.

1. Claiming water rights in South Africa – synthesis report (August 2020).

This report forms part of the global #ClaimYourWaterRights campaign initiated by End Water Poverty. The purpose of the report is to examine how water rights are being claimed in South Africa, with a view to drawing lessons from the work of communities and civil society organisations in a diverse range of circumstances. To do so, the report documents and analyses four case studies developed using a combination of desktop research methods, drawing on information in the public domain contained in sources such as court documents, Non-Governmental Organisation (NGO) reports, academic articles and media reports, and interviews conducted with key contacts in each case. The case studies are also published as a series of standalone publications, more detailed than this report.

This report was written by Lisa Chamberlain (lead author), Kelebogile Khunou, Thato Masiangoako and Alana Potter. >> Read the full report here.

2. Case study 1: Farm dwellers fight for access to water in uMgungundlovu district municipality (20 October 2020).

The uMgungundlovu District Municipality is located in KwaZulu-Natal, South Africa. It comprises of several local municipalities including uMsunduzi and uMshwathi Local Municipalities. In this report, the municipalities will be referred to as uMgungundlovu, uMsunduzi and uMshwati respectively. The uMgungundlovu region is made up of a mixture of urban and rural areas with the provincial capital Pietermaritzburg falling in uMsunduzi. The StatsSA 2016 Census recorded the population of the uMgungundlovu region as 1,095,865 people comprising 300,953 households. uMgungundlovu is an ambitious municipality. Its vision, which is frequently quoted on its website and in all its reports, is to “evolve into a dynamic metropolitan municipality, spreading its vibrant economic benefits to all its citizens and places and will, through concerted integrated development and service delivery, realise improvements in the overall quality of life.” It hopes to unite its seven local municipalities into a single metro by the next local government elections in 2021. uMgungundlovu is both a Water Services Authority (WSA) and a Water Services Provider (WSP). uMsunduzi has also been designated as a WSA. Approximately 80% of people in the uMgungundlovu region get their water from the municipality or other WSPs, while the remaining 20% use boreholes, rainwater tanks, dams, rivers or water vendors.

This report was written by Lisa Chamberlain (lead author), Kelebogile Khunou, Thato Masiangoako and Alana Potter. >> Read the full report here.

3. Case study 2: Residents of Marikana informal settlement use expropriation as a tool (September 2020).

This case study of the Marikana informal settlement is the second of four case studies. It illustrates how expropriation in terms of the Housing Act 107 of 1997 (the Housing Act) can be utilised as a tool to widen access to urban land for poor people and to provide them with services. The Marikana informal settlement in Cape Town is home to over 60 000 people. For years, the residents of Marikana have persistently and innovatively engaged in a diversity of strategies to improve their living conditions. These strategies have included community mobilisation, engagement with the authorities, protest, self-supply, and ultimately, precedent-setting litigation in the Fischer case which is the first case in South Africa to examine the possibilities of expropriation in terms of the Housing Act.

This report was written by Lisa Chamberlain (lead author), Kelebogile Khunou, Thato Masiangoako and Alana Potter. >> Read the full report here.

4. Case study 3: Makana local municipality – provincial intervention in a municipal crisis (3 November 2020).

Makana Case Study COVER The Makana case study is about a municipality in crisis. It has faced various challenges related to service delivery, administration, and finances, many of which have recurred over long periods of time. The crisis includes water outages, water quality problems, near non-existent road maintenance, failure to collect refuse timeously and the inability to manage waste sites and illegal dumping. Water supply across the municipality, and in Makhanda in particular, has been crippled by a combination of aging infrastructure desperately in need of repairs and severe drought over the past four years which has almost emptied a number of dams on which Makhanda relies for its water supply.

This report was written by Lisa Chamberlain (lead author), Kelebogile Khunou, Thato Masiangoako and Alana Potter. >> Read the full report here.

5.Case study 4: Maluti-a-Phofung – a community doing it for themselves (17 November 2020).

Maluti Case Study COVER The Maluti-a-Phofung reflects on the efforts of an unusual coalition of residents and community leaders in Maluti-a-Phofung – known as the Harrismith Water Heroes – who, in the face of continued poor service delivery by local government took it upon themselves to fix their town’s water infrastructure. The provision of basic services in Intabazwe, Harrismith and surrounds had deteriorated steadily over the past decade, fuelled by political in-fighting, crippling debt and the collapse of governance and administration within Maluti-a-Phofung municipality.

This report was written by Lisa Chamberlain (lead author), Kelebogile Khunou, Thato Masiangoako and Alana Potter. >> Read the full report here.

Informal Settlement: Norms, Practices and Agency

The Socio-Economic Rights Institute of South Africa’s (SERI’s) Informal Settlement Research Series is called “Informal Settlement: Norms, Practices and Agency”. It has produced three site-based research reports and a fourth synthesis report. The reports offer preliminary site-specific directions for future intervention and highlight implications for informal settlement upgrading in South Africa.

Informal settlements have been part of the South African urban landscape for decades. The Upgrading of Informal Settlements Programme (UISP) provides a strong policy framework for improving the lives of informal settlement residents. There are however few if any examples where municipalities have upgraded informal settlements in keeping with the policy. SERI’s research provides qualitative, evidence-based insights to assist government officials, practitioners, planners and community members to strengthen the implementation of in-situ upgrading.

1. The Promised Land: Ratanang Informal Settlement (April 2019)

This report, “The Promised Land: Ratanang Informal Settlement”, is the first of the three site-based reports in SERI’s informal settlement research series entitled “Informal Settlement: Norms, Practices and Agency.” The Ratanang informal settlement is situated west of the Klerksdorp Central Business District (CBD) in the City of Matlosana’s municipal jurisdiction. This report explores local realities and practices in land use management and tenure, access to basic services, the residents’ livelihoods and the nature of political space in the lives of Ratanang residents.

The report concludes that the Ratanang informal settlement was not an informal place to live. People organised themselves individually and collectively to secure their tenure, defend themselves against eviction, access land, water and energy and make a living. As such, external interventions which seek to impose an alternative order or regulate according to a different set of norms or rules – through processes of “formalisation”- should begin by recognising the local norms and regulations which already exist in Ratanang, and other informal settlements.

This report was a team effort. It was written by Lauren Royston (SERI senior associate) who also managed the project, Tiffany Ebrahim (SERI researcher) who also coordinated the field research and participated in the Ratanang steering committee, Edward Molopi (SERI researcher), Alana Potter (SERI director of research and advocacy), and Dennis Webster (former SERI researcher). >>Read the report here.

2. Our Place to Belong: Marikana Informal Settlement (April 2019)

This report, “Our Place to Belong: Marikana Informal Settlement”, is the second of the three site-based reports in SERI’s informal settlement research series entitled “Informal Settlement: Norms, Practices and Agency.” The Marikana informal settlement is located in Philippi East, Cape Town. This report explores local realities and practices in land use management and tenure, access to basic services, the residents’ livelihoods and the nature of political space in the lives Marikana residents.

The report concludes with provisional directions for upgrading. It indicates Marikana-specific implications and also provides more general indications for upgrading policy and implementation.

This report was a team effort. It was written by Lauren Royston (SERI senior associate) who also managed the project, Dennis Webster (former SERI researcher) who also coordinated the field work, Tiffany Ebrahim (SERI researcher), Edward Molopi (SERI researcher) and Alana Potter (SERI director of research and advocacy). >>Read the report here.

3. Left Behind: Siyanda Informal Settlement (April 2019)

This report, “Left Behind: Siyanda Informal Settlement”, is the third of the three site-based reports in SERI’s informal settlement research series entitled “Informal Settlement: Norms, Practices and Agency.” Siyanda is located in KwaMashu, eThekwini, KwaZulu-Natal. This report explores local realities and practices in land use management and tenure, access to basic services, the residents’ livelihoods and the nature of political space in the lives Marikana residents.

The report concludes with preliminary directions for upgrading. It indicates Siyanda specific upgrading issues and provides more general indications for upgrading policy and implementation.

This report was a team effort. It was written by Lauren Royston (SERI senior associate) who also managed the project, Edward Molopi (SERI researcher) who also coordinated the field work, Tiffany Ebrahim (SERI researcher), Kelebogile Khunou (SERI researcher) and Alana Potter (SERI director of research and advocacy). Abahlali baseMjondolo were SERI’s partners in the Siyanda research. >>Read the report here.

4. Here to Stay: A Synthesis of Findings and Implications from Ratanang, Marikana and Siyanda (May 2019)

This report, “Here to Stay: A Synthesis of Findings and Implications from Ratanang, Marikana and Siyanda” is the fourth and final report. It synthesises and compares findings across the three research sites and emanates from SERI’s informal settlement research series entitled “Informal Settlement: Norms, Practices and Agency.” It also considers the implications for upgrading in a comparative way across all three sites

The report concludes by emphasising the agency that occupiers and their representatives used in the face of considerable contestation and also offers some concrete directions for upgrading, based on the synthesis of the site-specific findings.

This report was a team effort. It was written by Lauren Royston (SERI senior associate) who also managed the project, Kelebogile Khunou (SERI researcher), Alana Potter (SERI director of research and advocacy) and Tiffany Ebrahim (SERI researcher). Lauren Royston edited the report with assistance from Kelebogile Khunou. >>Read the report here.

Edged Out: Spatial Mismatch and Spatial Justice in South Africa's Main Urban Centres (December 2016)

South Africa’s cities are exclusionary spaces where the combined influences of unchallenged market forces and an Apartheid past mean poor people are confined to urban peripheries. They are also places of great dynamism and have significant potential for development. This report uses statistical analysis and national spatial data on local unemployment rates and the distribution of jobs to investigate spatial mismatch in South Africa’s major urban centres. It finds that there is a significant relationship between physical proximity to jobs and local unemployment rates, which implies that housing located far away from job opportunities acts as a poverty trap. The state and city governments should proactively intervene in housing markets to provide well located and affordable housing for the poor. This will be central to dismantling the “Apartheid city”, and moving towards urban spatial justice. In addition to the report, we have published a longer technical report, which includes a more in-depth presentation of our method and results. The report was written by Joshua Budlender and Lauren Royston. Joshua Budlender wrote the technical report. >>Read the report here, and read the technical report here.

Evictions and Alternative Accommodation in South Africa 2000-2016: An Analysis of the Jurisprudence and Implications for Local Government (March 2016)

This report, which builds on a first edition published in 2013, responds to the fact that neither property owners nor municipalities have fully come to terms with the significant paradigm shift in the law relating to eviction and urban regeneration. Despite years of litigation and a host of progressive court judgments, which have substantially contributed to the constitutional right of access to adequate housing, municipalities like the City of Johannesburg are still failing to fulfill their duties in relation to evictions and the provision of alternative accommodation. The report includes the latest developments in the law relating to housing rights and evictions and aims to highlight what they have contributed towards South Africa's housing and evictions jurisprudence. The first edition was written by Michael Clark. Stuart Wilson updated the case law and analysed its implications for the second edition. >>Read the full report here.

Tenure Security in Informal Settlements on Customary Land (December 2015)

SERI worked with the Housing Development Agency in the course of 2015 on a research project on securing tenure in informal settlements on customary land. It involved in-depth research in four informal settlements in four provinces and culminated in a set of recommendations for the HDA and other role players. One of the key issues identified in the research was lack of awareness about IPILRA rights (the Interim Protection of Informal Land Rights Act) among the key stakeholders. >>Read the full report here.

Minding the Gap: An Analysis of the Supply of and Demand for Low-Income Rental Accommodation in Inner City Johannesburg (November 2013)

This research report highlights the gap in the demand for and supply of low-income rental accommodation in inner city Johannesburg. From research into the supply of formal rental accommodation in the inner city, it is clear that there are no permanent options available to those earning below R3 200 per month. This comprises almost 50% of all households in the inner city, who can afford rent of R900 or less per month. While there are a few institutions providing state-subsidised social housing at lower rentals, these institutions are extremely oversubscribed and there is almost no social housing actually available or affordable to people. The City argues that poor and low-income people should access informal accommodation in shared units at cheaper rentals. However even this informal accommodation is unaffordable to many people, with living arrangements overcrowded with a lack of privacy and security of tenure. The report argues that the most significant intervention the City should be making in the inner city is an affordable, accessible rental housing programme that responds to the needs of the majority of residents. This report was written by Kate Tissington. >>Read the full report here and the summary here.

Evictions and Alternative Accommodation in South Africa: An Analysis of the Jurisprudence and Implications for Local Government (November 2013)

The jurisprudence of the South African courts (especially the Constitutional Court and the Supreme Court of Appeal) has significantly contributed to the right of access to adequate housing, enshrined in section 26 of the Constitution. The courts have supplemented the legal framework by developing a number of progressive legal principles that should be upheld in eviction cases. The jurisprudence has therefore led to the development of a new cluster of relationships between the parties involved in eviction proceedings, a cluster of relationships that is characterised by a series of rights and obligations pertaining to various parties. Yet despite years of litigation and a host of progressive judgments municipalities have been hesitant, unwilling or unable to act on the obligations laid down in case law. It is amid this complexity that this report seeks to provide a comprehensive analysis of the jurisprudence on evictions and alternative accommodation, and the contingent obligations on municipalities in respect of the provision of alternative accommodation. It is hoped that the report might act as a to guide activists, communities and public interest law practitioners caught up in eviction related struggles, as well as local government officials who are tasked with devising and implementing housing policy. This report was written by Michael Clark. >>Read the report here and the summaryhere.

Targeting the Poor? An Analysis of Free Basic Services (FBS) and Municipal Indigent Policies in South Africa(November 2013)

This research report provides an overview of the law and policies relevant to free basic services (FBS) and municipal indigent policies in South Africa. It details the regulations and strategies around FBS - free basic water (FBW), free basic electricity (FBE), free basic sanitation (FBSan) and free basic refuse removal (BRR) - and examines the framework policy and implementation guidelines for municipal indigent policies. The report also contains a survey of 137 municipal indigent policies in South Africa that highlights the numerous problems encountered with the implementation of indigent policies and the provision of FBS, including: targeting methods of FBS, municipal systems of indigent application, conditionalities attached to indigent status and FBS, and FBS amount provided. The report finds that indigent policies tend to restrict FBS to people who already own property, when the greatest need exists among those who do not. The application and documentation requirements to access indigency support are excessive, and the system is designed to restrict rather than expand access to FBS. While the professed aim of the indigent framework is to “target” the poor for the provision of basic services, its overall effect is to target them for exclusion. This report was written by Kate Tissington. >>Read the report here and the summary here.

‘Jumping the Queue’, Waiting Lists and other Myths: Perceptions and Practice around Housing Demand and Allocation in South Africa (April 2013)

This research report by the Community Law Centre and SERI analyses perceptions and practice around housing demand and allocation in South Africa, looking at the policies and processes operating at national, provincial and local level. Politicians and officials responsible for housing policy, at all levels of the state, have sought to create the impression that housing allocation is a rational process, which prioritises those in the greatest need, and those who have been waiting for a subsidised house the longest. The ideologically (and emotionally) charged concepts of ‘the waiting list’ and ‘the housing queue’ are emblematic of this. However, the situation is far more complicated. This report attempts to unpack some of the complexity and provide recommendations to government departments at all levels. It argues that the housing waiting list is a myth and should be eradicated from public discourse on housing in favour of a more nuanced way of characterising the rational, appropriate and humane responses to the broad range of housing needs in South Africa, which are not currently catered for by the market. >>Read the main reporthere and the executive summary here.

Making A Living Research Reports

Experience of Food Vendors during Lockdown: A Snapshot of the Cape Town, Johannesburg and eThekwini Municipalities (2020)

This report was compiled by SERI together with the Centre for Applied Legal Studies (CALS), Women in Informal Employment: Globalizing and Organizing (WIEGO) and Asiye eTafuleni for Informal food system workstream of the C19 People’s Coalition Food Working Group. The report examines the status quo related to bylaws, licensing, law enforcement and health support amongst informal street vendors in three main metros.

Informal Settlement: Norms, Practices and Agency

1. The Promised Land: Ratanang Informal Settlement (April 2019)

2. Our Place to Belong: Marikana Informal Settlement (April 2019)

The report concludes with provisional directions for upgrading. It indicates Marikana-specific implications and also provides more general indications for upgrading policy and implementation.

3. Left Behind: Siyanda Informal Settlement (April 2019)

The report concludes with preliminary directions for upgrading. It indicates Siyanda specific upgrading issues and provides more general indications for upgrading policy and implementation.

4. Here to Stay: A Synthesis of Findings and Implications from Ratanang, Marikana and Siyanda (May 2019)

Informal Trade in South Africa: Legislation, Case Law and Recommendations for Local Government (June 2018)

This report responds to the fact that municipalities have struggled to fully come to terms with the law relating to informal trade. The report unpacks court judgments which have substantially contributed to the rights of informal traders and identifies a range of legal principles governing the rights, duties and obligations of informal traders, law enforcement officers and local government. The report dispels a number of longstanding myths associated with informal trade, including the belief that the law does not grant protection to foreign nationals who participate in informal trade, that informal traders often act illegally or unlawfully while trading, and that the only regulatory mechanisms available to local government are the impoundment of traders’ goods and the eviction or relocation of traders. The report concludes with various recommendations that have been drawn from case law. The report was developed in partnership with the South African Local Government Association (SAGLA), and was written by Tim Fish Hodgson and Michael Clark. >>Read the full report here.

Towards Recommendations on the Regulation of Informal Trade at Local Government Level: A Discussion Document (June 2018)

In 2017, over 1.1 million South Africans worked as informal traders. Informal trade therefore makes up a significant component of the economy and has an important role to play in addressing some of South Africa’s most pervasive developmental challenges, including high levels of unemployment and poverty. Local government has a pivotal role to play in facilitating informal trade. For this reason, this report provides a set of recommendations to local government on how informal trade can be regulated in a manner that respects the rights of informal traders, and is just, humane and inclusive. With knowledge of the law, local government can alter their approach to informal trade by supporting and nurturing this essential sector while also boosting economic growth. This report was developed in collaboration with the South African Local Government Association (SALGA), and was written by Michael Clark. >>Read the full report here.

'The End of the Street?' Informal Traders' Experiences of Rights and Regulations in Inner City Johannesburg (September 2015)

This report provides a portrait of informal trade in the inner city of Johannesburg. In 2013, informal traders were evicted on a mass scale from the city’s streets as part of Operation Clean Sweep. The City of Johannesburg explained the operation as an effort to rid the inner city of crime and grime. During the eviction of traders, and the subsequent refusal to allow them to resume their trade, the City failed to follow the consultative processes required by the Businesses Act. The operation was later lambasted in a Constitutional Court judgment as an act of “humiliation and degradation”. This report investigates the regulation of informal trade in the inner city, as well as traders’ daily experiences of making a living there, in order to explore the impact of the prohibition and restriction of trade being pursued by the City. It argues that the regulation of informal trade is restrictive, non-consultative, orientated towards enforcement rather than development, and that it is instrumental in producing illegality. Further, by foregrounding the experiences of traders, it exposes major gaps in informal trading policy in the city and in the way in which informality has been imagined more broadly. The report argues that the challenges of informal trade can be addressed if the City improves the way in which it is regulated. There are, however, also deeper problems with the ways in which informality is imagined and approached by the City, and the state more generally. The report shows that an investigation into how prohibition or relocation may effect traders, as set out in the Businesses Act, is both possible and necessary. The report was written by Dennis Webster. >>Read the full report here and the summary here.

Criminalising the Livelihoods of the Poor: The Impact of Formalising Informal Trading on Female and Migrant Traders in Durban (February 2011)

This research report examines the impact of attempts to formalise street trading in eThekwini Metropolitan Municipality since 2000 on the livelihood of traders, particularly female and migrant traders. Durban has been at the forefront of developing policies to manage and control informal economy activities; however, as the report notes, the effect of the push for formalisation is exclusionary and mimics the influx control regimes of the apartheid administration, which prevented black communities from pursuing business opportunities in central business districts. Such regulation has a particularly adverse effect on migrants and poor women, since they struggle to meet the requirements for registration, permits and rentals. The report provides some recommendations for policy-makers, city officials and traders. The report was written by Blessing Karumbidza. >>Read the full report here.

Expanding Political Space Research Reports

Listen to Us! Reflections on protest in democractic South Africa (September 2023)

Double Harm report This publication us adapted from a protest exhibition entitled “Insurgent Citizens: Reflections on Protest in Democratic South Africa” put together by the Socio-Economic Rights Institute (SERI) and the Nelson Mandela Foundation in March 2019. The exhibition provided a compelling visual narrative that both examined the history and practice of protest, as well as challenged popular assumptions and myths associated with it. This publication is an attempt to convert the exhibition into a more permanent and easily shareable format. The exhibition's contents have been updated to include more recent protest movements and reflect on the 10th anniversary of the Marikana massacre.

Research and conceptualisation of the exhibition was conducted by former SERI staff members Michael Clark, Alana Potter and Maanda Makwarela, as well as Edward Molopi (SERI research and advocacy officer). Photos of the exibition were taken by Edward Molopi and Ethel Arends and the production of the exhibition was done by Eland Design. Thato Masiangoako (SERI researcher), Nick Budlender (Consultant) and Lauren Royston (SERI director of research and advocacy) developed this publication. Special thanks to the Nelson Mandela Foundation for their support of the exhibition and the production of this publication. In particular, we would like to thank Ann-Young Maharaj, Lee Davies, Verne Harris and Razia Saleh for their generosity and efforts. >> Read the report here.

Informal Settlement: Norms, Practices and Agency

1. The Promised Land: Ratanang Informal Settlement (April 2019)

2. Our Place to Belong: Marikana Informal Settlement (April 2019)

The report concludes with provisional directions for upgrading. It indicates Marikana-specific implications and also provides more general indications for upgrading policy and implementation.

3. Left Behind: Siyanda Informal Settlement (April 2019)

The report concludes with preliminary directions for upgrading. It indicates Siyanda specific upgrading issues and provides more general indications for upgrading policy and implementation.

4. Here to Stay: A Synthesis of Findings and Implications from Ratanang, Marikana and Siyanda (May 2019)

A Double Harm: Police Misuse of Force and Barriers to Necessary Health Care Services during Student Protests (October 2017)

This report documents the injuries caused by the often disproportionate and unlawful use of force by police officers called in to disperse campus-based protest at the University of the Witwatersrand in September to November 2016. It also deals with attempts to provide crucial medical assistance to injured protestors, and documents cases in which these efforts were obstructed by, or as a result of, the police. The report further emphasises the traumatic and long-term health consequences of some of the injuries incurred as a result of the misuse of police force. The findings of the report raise serious questions about the appropriateness of the deployment of police to regulate campus-based protest and highlight the need to proactively plan for how to deal with casualties and ensure speedy access to independent and competent medical care once police have been called onto university campuses —otherwise, obstruction and delays would inevitably compound harm. The report was written by Dr Mary Rayner, Prof Laurel Baldwin-Ragaven and Dr Steve Naidoo. >> Read the full report (including an executive summary) here.

An Anatomy of Dissent and Repression: The Criminal Justice System and the 2011 Thembelihle Protest (June 2014)

This research report examines the week-long protest in Thembelihle, near Lenasia, Johannesburg which took place in September 2011. Frustrated by an unaccountable and unresponsive local government that frequently disregarded the community’s on-going demands for access to adequate basic services, Thembelihle residents took to the streets. Their demands, however, were dismissed by local and provincial government and met with a forceful police clamp-down. In the aftermath of the protest, arrest and criminal prosecution (often on frivolous charges) was used to harass and intimidate community members and to target community leaders, marking an alarming trend in which the criminal justice system is used by the government to suppress popular dissent. This highlights the growing trend of state repression of popular protests in poor urban areas and details how the state employs the criminal justice system to vilify, criminalise and suppress local communities advocating for socio-economic development. This report was written by Michael Clark. >>Read the full report (including an executive summary) here.

Resource Guides

Securing A Home Resource Guides

Relocating to Alternative Accommodation: Legal and Practical Guidelines (July 2017)

Relocating to AA pic Relocations have the potential to severely disrupt peoples’ lives and negatively impact their livelihoods, community relations and sense of security. To make sure this doesn’t happen, the relocation process should be carefully planned, well-run and participatory. SERI developed this set of legal and practical guidelines to assist those involved in the relocation process to navigate the complexities involved in planning for and carrying out a relocation. The guidelines present an approach to relocations based on SERI’s experience in planning and managing relocations to alternative housing and draw on international and local experience. The guidelines offer practical guidance on how to ensure that relocations are carried out in a way that respects the constitutional rights of the people being relocated. This guide was written by Michael Clark and Lauren Royston.

Protection Against Eviction under the Extension of Security of Tenure Act: Legal Rules, Principles and Process (July 2017)

This is a user-friendly guide that explains the rights of farm dwellers and the law in relation to evictions from farmland. It gives advice on how farm dwellers can navigate the legal processes involved in eviction proceedings and practically resist evictions. It is a resource for farm dwellers facing eviction from their homes, as well as for farm worker unions, community-based paralegals and lawyers. The guide was developed by SERI and the Commercial Stevedoring Agricultural and Allied Workers Union (CSAAWU), and written by Tim Fish Hodgson and Dasantha Pillay.

The guide is also available in Afrikaans.

The guide is also accompanied by five information sheets available in English, Afrikaans and IsiXhosa:

- - Fact sheet 1: Does ESTA protect my rights? | English version | Afrikaans version | IsiXhosa version
  - Fact sheet 2: What does ESTA mean by consent | English version | Afrikaans version | IsiXhosa version
  - Fact sheet 3: Who is an occupier under ESTA | English version | Afrikaans version | IsiXhosa version
  - Fact sheet 4: Frequently asked questions (FAQ) | English version ) | Afrikaans version | IsiXhosa version
  - Fact sheet 5: The Rights of ESTA occupiers | English version | Afrikaans version. | IsiXhosa version
  - Fact sheet 6: What is the role of the municipality and DALRRD? | English version | Afrikaans version | IsiXhosa version

Preventing or Opposing a Sale in Execution: A Legal Guide (June 2016)

This guide explains the sale-in-execution process and sets out what steps homeowners can take to avoid their houses being sold in execution. Courts are legally required to make sure that sales-in-execution follow the proper legal process and that the interests of both homeowners and banks are balanced and protected. The laws which regulate sales-in-execution are complex and come from many sources. This guide will help homeowners prevent sales-in-execution before they happen. It will also help homeowners oppose sales in execution if the process to repossess their home is already underway, or if they have already lost their homes. This guide is a resource for individuals and households who are facing the threat of a sale in execution of their homes, as well as for community-based paralegals and lawyers who deal with sales in execution of people’s homes or bank repossessions. This guide was written by Michael Clark.

Resisting Evictions in South Africa: A Legal and Practical Guide (March 2015)

This guide explains your rights and the law regarding evictions, and gives practical advice on how to resist them. It is a resource for individuals, households and communities who are facing eviction from their homes, as well as for community-based paralegals, CBOs, social movements etc. The guide covers a number of different issues: what is an eviction, what the law says about evictions, when an eviction is unlawful, the lawful process for an eviction, how to oppose a lawful eviction, and how to resist an unlawful eviction. It is one of the resources in the Dear Mandela Toolkit, aimed at informing individuals, communities and CBOs of their rights.

A Tenant's Guide to Rental Housing (October 2013)

This guide was developed by SERI and the Centre for Urbanism and Built Environment Studies (CUBES) based at Wits University, and is meant to help tenants. It is structured in three sections which cover the start, duration and end of the landlord-tenant relationship. In each of these sections there are a number of questions which tenants have often asked SERI or CUBES when they have come to us for support. The answers provided are meant to assist tenants to protect themselves against unfair and illegal conduct by landlords and to understand when the law says that a tenant is acting unfairly and illegally.

R ental Housing in South Africa: Legislation, Regulations and Case Law (October 2013)

This booklet was developed because of difficulties faced trying to access laws and regulations on landlord-tenant relations and rental housing in South Africa. It includes the Rental Housing Act 50 of 1999 and the Gauteng Unfair Practices Regulations, 2001, which are printed in full together with some guidelines to help readers navigate the content. The booklet is meant to be a companion to another SERI guide: A Tenant’s Guide to Rental Housing. The contents of both booklets have been approved by a lawyer who specialises in housing law. The booklet also provides summaries of two important Constitutional Court judgments which relate to rent increases and unfair lease terminations (Maphango), and electricity disconnections and notice (Joseph). It also summarises a recent decision of the Rental Housing Tribunal on electricity service charges (Jele).

A Guide to Sectional Title in South Africa (October 2013)

This guide was developed by SERI and the Centre for Urbanism and Built Environment Studies (CUBES) based at Wits University. The law relating to sectional title schemes can be quite confusing. This guide tries to provide a brief description and explanation of the main legal issues that those involved in sectional title schemes should be aware of. This guide is structured in two sections. The first section deals with a number of key questions that are commonly raised by people involved in sectional title schemes. The answers provided are meant to assist sectional title owners, trustees and body corporates to better understand the legal rules that apply to sectional title schemes. The second section lays out how certain disputes and challenges that come up in sectional title schemes should be dealt with.

Basic Sanitation in South Africa: A Guide to Legislation, Policy and Practice (July 2011)

This resource guide aims to provide a simplified yet comprehensive overview of legislation, policy, programmes and practice relating to basic sanitation in South Africa. The guide focuses on access to household sanitation by poor communities. While some progress has been made since 1994 in terms of the provision of basic sanitation, challenges remain in the formulation and implementation of policy by municipalities. The guide does not claim to be an exhaustive analysis of legislation, policy and practice; however aims to outline the legislative and policy framework, highlight key challenges faced by various departments and communities, and provide a tool for those working on sanitation issues in South Africa e.g. social movements, community-based organisations (CBOs), non-governmental organisations (NGOs), lawyers, development practitioners, planners, government officials, academics, scholars etc. This guide was written by Kate Tissington.

A Resource Guide to Housing in South Africa 1994 - 2010: Legislation, Policy, Programmes and Pra c tice (February 2011)

This resource guide provides an overview of housing legislation, jurisprudence, policy, programmes and practice in South Africa since 1994. As with other socio-economic rights, the legislative and policy framework created by national government around housing is in fact quite progressive. However, implementation to date has been skewed and unable to address the land, housing and basic services needs of millions of poor South Africans who still lack adequate housing and access to water, sanitation and electricity. The report explicitly focuses on access to housing in the urban context. It provides a simplified yet comprehensive guide to policies, legislation, jurisprudence and practice in relation to urban housing in South Africa, which will hopefully be useful to a wide audience that includes social movements, CBOs, NGOs, lawyers, development practitioners, planners, government officials, academics, scholars etc. This guide was written by Kate Tissington.

Making A Living Resource Guides

Street Trade in eThekwini: Your Rights (December 2022)

This Guide 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.This guide was written by Nick Budlender and edited by Lauren Royston (SERI Research and Advocacy Director). The guide is also available in IsiZulu.

Employing a Domestic Worker: a Legal and Practical Guide (August 2021)

This Guide has been written for employers of domestic workers in South Africa. The purpose of this guide is to inform employers of their rights and obligations in the domestic employment relationship according to the law; provide practical advice towards creating a healthy working environment; and to support employers to improve their employment practices. It was written by Kelebogile Khunou (SERI researcher) and Amy Tekié (Izwi co-founder).

SERI and Black Sash produce new factsheet to aid domestic workers in claiming from COIDA
(June 2021)

Domestic workers are now covered by the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA). This law provides for the payment of compensation to employees who suffer injuries or contract diseases while performing their work duties through the Compensation Fund. In the case of a death as a result of a work-related injury or disease, the Fund allows for compensation to the deceased employee’s dependents. This factsheet details the four main types of compensation payments under COIDA and explains how domestic workers can claim from the compensation fund.

SERI and Black Sash produce new factsheet to aid domestic workers
(December 2020)

SERI worked with the Black Sash to produce a factsheet for domestic workers, paralegals and community advice offices to provide them with information about the Mahlangu v Minister of Labour matter, in which domestic workers successfully challenged their exclusion from the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) previously known as Workmen’s Compensation. The factsheet explains how COIDA works, summarises the facts of the court case and explains the implications of the judgment for domestic workers. The fact sheet explains how COIDA works, summarises the facts of the court case and explains the implications of the judgment for domestic workers. The fact sheet is also available in Shona, Sesotho, IsiXhosa, IsiZulu.

Health and Legal Guidelines for informal trade (July 2020)

SERI worked with Women in Informal Employment: Globalizing and Organizing (WIEGO) and other stakeholders to produce these health and legal guidelines for informal trade. This Poster offers graphic guidelines for workers in markets, streets and home shops. They are also available in IsiZulu, English and Afrikaans.

Domestic Workers' Rights: A Legal and Practical Guide (July 2018)

Domestic work is one of the largest sources of employment for black women in South Africa, however domestic workers remain one of the most vulnerable occupational groups. Many domestic workers continue to be subjected to exploitative working conditions and disrespectful treatment. Despite the implementation of labour laws and the collective efforts of domestic workers to assert their rights, domestic workers' employment rights are not always respected. SERI developed this user-friendly resource guide to create awareness of the rights of domestic workers and the obligations of employers in terms of the domestic employment relationship. It explains what the law says about domestic workers and gives practical advice on how domestic workers can engage their employers. The guide is also accompanied by six information sheets on leave (also available in isiZulu), wages (also available in isiZulu), the UIF (also available in isiZulu), the CCMA (also available in isiZulu), employment contracts (also available in isiZulu) and the end of the employment relationship (also available in isiZulu). The guide was written by Kelebogile Khunou.

Informal Trade in Johannesburg: Your Rights (March 2017)

This guide sets out the rights of informal traders making a living in Johannesburg and the avenues available to ensure those rights are protected. Informal traders make a living in hostile environments, and local governments do not protect the rights of people making a living informally in the same way that they do those working in the formal sector. Despite this, informal traders have found novel ways to hold local authorities to account. If traders are aware of their rights and how to protect them, they are better placed to resist illegal harassment and clamp downs on their businesses. >>It can be downloaded here and should ideally be printed and folded.

Protecting the Rights of Informal Traders (June 2014)

This pamphlet explains the process that a municipality must follow to legally prohibit informal trade in an area, or to relocate informal traders. It outlines what a municipality can do in terms of the Businesses Act 71 of 1991, what the process is that a municipality must follow to restrict or prohibit informal trade in an area, and what can be done to stop the restriction or prohibition of trading in an area. It is important to know about this process so as to ensure that a municipality follows the law, and that those who might be negatively affected are given a chance to participate and articulate their position. This pamphlet was written by Michael Clark.

>>It can be downloaded here and should ideally be printed and folded.

Expanding Political Space Resource Guides

Infographics on the post-Marikana Panel of Experts Report
(August 2021)

SERI, together with partner organisations Institute for Security Studies (ISS) Gun Free South Africa (GFSA) the African Policing Civilian Oversight Forum (APCOF), has produced a set of infographics on the Panel of Experts Report on Policing and Crowd Management. The infographics have been developed to inform members of the public and the media about the contents of the panel report and its key recommendations. More specifically, they provide information about the circumstances the led to the Panel of Experts being established, namely the Marikana massacre of 2012; the different issues the panel examined; what the panel said on issues of professionalisation, demilitarisation, and accountability; what the panel said on protest, the law, and crowd management; and what is needed for the successful and timeous implementation of the report.

ISS together with SERI and other partner organisations produce police accountability factsheet
(August 2021)

The police are supposed to protect the public from crime and violence, but they sometimes engage in unlawful behaviour such as corruption, brutality, and torture. Holding police accountable for wrongdoing is essential. The Institute for Security Studies (ISS) together with SERI and other partner organisations including the Legal Resources Centre (LRC), the African Policing Civilian Oversight Forum (APCOF), Viewfinder, Corruption Watch, and the Anti-Repression Working Group of the C-19 People's Coalition, have developed a factsheet on police accountability to commemorate Youth Day. This factsheet has combined content from all the partner organisations, and aims to create a centralised knowledge bank with information on police accountability. This factsheet has been developed to help members of the public understand police powers, their rights when encountering police, and their options for reporting abuses of power by the South African Police Service (SAPS). The factsheet is also available in isiXhosa, isiZulu, Sesotho and Afrikaans.

Student Protests: A Legal and Practical Guide (September 2017)

During 2015 and 2016, students on university campuses across South Africa embarked on large-scale, disruptive protests calling for systemic changes to how universities operate and approach education, as well as how academic curricula are structured. Government, university administrators, police and private security often responded to these protests with force in an attempt to shut them down. Universities approached the courts to obtain interdicts preventing students from protesting on campuses. The police used tear gas, stun grenades, water cannons and rubber bullets against protesting students in often disproportionate and unlawful uses of force. This user-friendly resource guide explains students’ rights to protest, as well as students’ rights when they are arrested, detained or charged with a crime during a protest. It aims to create awareness of the rights and obligations of those involved in student protests to encourage university administrators, police and private security officials to respect human rights and mitigate the disproportionate and unlawful use of force. The guide was written by Michael Clark and Tim Fish Hodgson.

Community Organisers Guide (March 2015)

This guide was developed to assist CBOs to organise effectively in order to facilitate social change in their communities. It draws on the experiences and practices of the South African shackdwellers’ movement Abahlali baseMjondolo (AbM) and examines a number of topics: what is a community organisation, principles of community organisation, establishing a CBO, community meetings, protests and gatherings, education programmes, sustaining a CBO, managing and sharing information, and networking and partnerships. This guide is one of the resources in the Dear Mandela Toolkit, aimed at informing individuals, communities and CBOs of their rights.

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Policy Briefs

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Infographics on the post-Marikana Panel of Experts Report
(August 2021)

ISS together with SERI and other partner organisations produce police accountability factsheet
(August 2021)

Student Protests: A Legal and Practical Guide (September 2017)

Community Organisers Guide (March 2015)

Community Practice Notes

Securing A Home Community Practice Notes

Informal Settlement Series

SERI’s first community practice notes published in August 2014 are a series on informal settlement struggles for development, in which we examine how community-based organisations (CBOs) in four informal settlements in South Africa have organised and mobilised for development, particularly around the in situ upgrading of informal settlements. The series documents and analyses the relationship between evictions, development, community organisation and mobilisation, local politics, protest and the use of courts.

The four community practice notes making up the Informal Settlement Series are:

1. Makause: Resisting Relocation on the East Rand

Makause: Resisting Relocation on the East Rand is the first in the Informal Settlement Series of community practice notes. Makause informal settlement is located in the suburb of Primrose in Germiston, which falls within the Ekurhuleni Metropolitan Municipality in the Gauteng province. The settlement was established in the mid-1990s after retrenched mine workers occupied the abandoned vacant site, known as Driefontein Farm. Some residents have lived at the settlement for over 20 years.

This community practice note provides a brief background to the settlement; summarises the key events in the struggle to resist eviction and push for development at the settlement; and examines the strategies and tactics of the local community structure, the Makause Community Development Forum (Macodefo).

2. Rooigrond: Community Struggle in the North West

Rooigrond: Community Struggle in the North West is the second in SERI’s Informal Settlement Series of community practice notes. Rooigrond informal settlement is located in ward 27 of Mahikeng Local Municipality in the North West province. It is a rural settlement informally divided into two sections and comprising approximately 600 households (1 500 people) living mainly in shacks, but also in mud and brick houses.

This community practice note provides a brief background to the settlement; summarises the key events in the struggle to resist relocation and push for development in the context of broader political struggles, inter-governmental relations failures and protest in the North West province; and examines the strategies and tactics of the local community structure, the Rooigrond Committee.

3. Thembelihle: Engaging an Unresponsive State

Thembelihle: Engaging an Unresponsive State is the third in SERI’s Informal Settlement Series of community practice notes. Thembelihle informal settlement is located to the south-west of Johannesburg in the suburb of Lenasia, within the City of Johannesburg. The settlement was established on municipal-owned land in the mid-1980s by rural migrants and employees of a brick manufacturing company. Some residents have lived at the settlement for over 20 years. Currently between 7 000 and 8 000 households reside at the settlement.

This community practice note provides a brief background to the settlement; summarises the key events in the struggle to resist relocation and promote in situ upgrading; and examines the strategies and tactics of the local community structure, the Thembelihle Crisis Committee (TCC).

4. Slovo Park: Twenty Years of Broken Promises

Slovo Park: Twenty Years of Broken Promises is the fourth in SERI’s Informal Settlement Series of community practice notes. Slovo Park informal settlement is located next to the Nancefield industrial area, between Eldorado Park and Bushkoppies in the City of Johannesburg. Slovo Park consists of around 3 700 households (approximately 7 000 people) living on more than 1 000 informal stands. The settlement was established in the early 1990s by people who moved to the site in search of land close to their jobs.

This community practice notes provides a brief background to the settlement; summarises the key events in the struggle to push for upgrading at the settlement; and examines the strategies and tactics of the local community structure, the Slovo Park Community Development Forum (SPCDF).

Slovo Park: Some Gains At Last (second edition)

Slovo Park: Some Gains At Last is the second edition of the fourth publication in SERI’s Informal Settlement Series of community practice notes. The second edition of the community practice note is a continuation of Slovo Park’s story since receiving a High Court Judgment from the Gauteng Local Division that ordered the City of Johannesburg to upgrade Slovo Park in situ. This edition documents the SPCDF’s strategies and tactics to implement their court order in collaboration with government through the establishment of a multi-stakeholder TaskTeam that facilitated the installation of electricity and continues to engage around the upgrading and layout plan.

Johannesburg Inner City Alternative Accommodation Series

SERI’s second set of Community Practice Notes published in July 2016 are a series on struggles for access to adequate housing in inner city Johannesburg. They highlight the histories of resisting evictions and the ongoing challenges faced by people in the relocation sites where alternative accommodation has been provided by the City of Johannesburg.

The three community practice notes making up the Johannesburg Inner City Alternative Accommodation Series are:

1. From San Jose to MBV 1

CPN1 From San Jose to MBV 1 is the first in the Johannesburg Inner City Alternative Accommodation Series of community practice notes. San Jose is a block of flats in Berea, Johannesburg, which was built in the 1960s. The City of Johannesburg sought to evict the occupants before the Constitutional Court ordered it to provide them with alternative accommodation in a case known as Olivia Road. The City provided the occupants with alternative accommodation in two buildings, called MBV 1 and Old Perm.

This Community Practice Note documents experiences of residents at MBV 1. It provides a brief background to San Jose, highlights key events in the struggle against eviction, examines residents’ experiences of life at MBV 1 and provides some conclusions regarding the provision of alternative accommodation.

2. From Carr Street to MOTH

CPN2 From Carr Street to MOTH is the second in the Johannesburg Inner City Alternative Accommodation Series of community practice notes. Residents of the Dina Glassware building, a derelict building on Carr Street in Newtown, resisted illegal attempts at eviction before they were fporced to relocate after a fire in the building. Residents were relocated to MOTH, a three floor building with a basement, with a large communal kitchen and dining room. Each floor is essentially a large empty hall with no sub-divisions.

This Community Practice Note provides a brief background to the Carr Street building, highlights key events in the struggle against eviction, examines residents’ experiences of life at the MOTH building and provides some conclusions regarding the provision of alternative accommodation.

3. From Saratoga Avenue to MBV 2 and Ekuthuleni

CPN3 From Saratoga Avenue to MBV 2 and Ekuthuleni is the third in the Johannesburg Inner City Alternative Accommodation Series of community practice notes. In the court cases known as Blue Moonlight and Dladla, the occupants of 7 Saratoga Avenue, a commercial property in Berea, were provided with alternative accommodation in two buildings, called MBV2 and Ekuthuleni.

This Community Practice Note provides a brief background to the Saratoga Avenue building, highlights key events in the struggle against eviction, examines residents’ experiences of life at MBV 2 and Ekuthuleni and provides some conclusions regarding the provision of alternative accommodation.

Informal Settlement Relocation Series

SERI’s third set of Community Practice Notes published in July 2016 are a series on informal settlement relocation. It highlights community struggles for access to adequate housing and how people experience the relocations that follow court processes regarding the provision of alternative accommodation.

The two community practice notes making up the Informal Settlement Relocation Series are:

1. From Marie Louise to “Rugby Club”

CPN ML From Marie Louise to "Rugby Club" is the first in the Informal Settlement Relocation Series of community practice notes. The Marie Louise informal settlement is located 15 kilometres to the west of the Johannesburg CBD. After resisitng various illegal evictions, the High Court ordered that the City of Johannesburg relocate the to alternative accommodation at a nearby site called "Rugby Club".

This Community Practice Note provides a brief background to the Marie Louise informal settlement, highlights key events in the struggle against eviction, examines residents’ experiences of the relocation to the Rugby Club site, and provides some conclusions regarding informal settlement relocation.

2. From Taylor Road to Ruimsig and Fleurhof

CPN TR From Taylor Road to Ruimsig and Fleurhof is the second in the Informal Settlement Relocation Series of community practice notes. The residents of Taylor Road informal settlement in Honeydew were relocated to two seperate locations after being evicted by the owner of the property and lengthy engagements with the City of Johannesburg on the provision of alternative accommodation. The community engaged both in and out of the courts.

This Community Practice Note provides a brief background to the Taylor Road informal settlement, highlights key events in the struggle against eviction, examines residents’ experiences of the relocation to Ruimsig and Fleurhof and provides some conclusions regarding informal settlement relocation.

Social Movement Series

SERI’s fifth set of Community Practice Notes published in November 2017 examines different social movements and community-based networks advocating for socio-economic development for poor and vulnerable people in different contexts in South Africa. The series assesses how social movements and community-based networks have organised and mobilised to advocate for decent, well-located housing, and protect and strengthen the tenure rights of low-income people.

The first community practice note in the series is:

1. Inner City Federation: Fighting for Decent Housing in Inner-City Johannesburg

InnerCityFed CPN img Inner City Federation: Fighting for Decent Housing in Inner-City Johannesburg examines the strategies and tactics of the Inner City Federation (ICF), a self-organising coalition of tenants and unlawful occupiers from over 40 buildings in inner-city Johannesburg that advocates for housing and basic services, and challenges the stigma associated with low-income inner-city residents.

This community practice note provides a brief background to the challenges facing low-income tenants and unlawful occupiers in inner-city Johannesburg. It also summarises the key events in the struggles of poor inner-city residents to resist evictions, harassment and displacement; establish and maintain effective self-management structures in dilapidated buildings; collectively mobilise; and advocate for decent housing.

2. Abahlali baseMjondolo: Living Politics

Abahlali baseMjondolo: Living Politics is the second publication in SERI’s fifth series on social movements and community‑based organisations engaged in struggles to protect socio-economic rights.

It documents Abahlali baseMjondolo’s history, the social movement’s strategies and tactics for advancing their objectives and how it has survived repeated and varied forms of state violence. It tells a story of how Abahlali baseMjondolo has responded to evictions and repression in a highly charged political context and the price the movement and its members have paid for organising outside of formal politics and challenging the state. This CPN also memorialises the 24 lives lost by Abahlali baseMjondolo between 2009 and 2022.

The CPN is also accompanied by English and isiZulu executive summaries.

Making A Living Community Practice Notes

Making a Living Series

SERI’s fouth set of Community Practice Notes published in July 2017 focus on people in precarious work. The community practice notes in this series highlight the struggles many vulnerable people face in earning a livelihood, including poor working conditions, long hours, low pay, and the insecurity associated with part time, temporary or informal employment.

The first community practice note in the Making a Living Series is:

1. African Reclaimers Organisation: The Struggle for Recognition and Inclusion in Johannesburg's Recycling Industry

African Reclaimers Organisation: The Struggle for Recognition and Inclusion in Johannesburg's Recycling Industry the second Community Practice Note in the series, after Abattoir Workers: Unfair Labour Practices and Anti-Union Strategies in Robertson. The Community Practice Note follows ARO's initial years and its struggle against the City of Johannesburg’s “Separation@Source” recycling programme which utilises the services of private contractors to the exclusion of reclaimers and threatens the livelihoods of Johannesburg’s reclaimers.

It examines the recycling economy in Johannesburg, summarises key moments in ARO’s struggle against Separation@Source with private companies, discusses ARO’s strategies and tactics, and illustrates the experience of working as a reclaimer on landfill sites and in the city. It concludes with some pointers for the future, regarding recognition and waste picker integration into official waste management systems.

2. Abattoir Workers: Unfair Labour Practices and Anti-Union Strategies in Robertson

CPN Abattoir workers pic FINAL Abattoir Workers: Unfair Labour Practices and Anti-Union Strategies in Robertson is the first in the Making a Living Series of community practice notes. It details the struggles of a group of abattoir workers against unfair labour practices in Robertson. The workers were forced to work significant amounts of overtime (much more than the legal limit) and were dismissed when they resisted these unlawful practices. The community practice note documents their struggles to unionise and vindicate their rights in court.

This community practice note provides a brief background to the working conditions at an abattoir in Robertson; summarises the key events in the abattoir workers' struggle; and examines the strategies workers used to defend their rights. It is available in English and Afrikaans.

Working Papers

Securing A Home Working Papers

Electrification in Informal Settlements: Opportunities, Challenges and Lessons (2024).

Eletrification in Informal Settlements working paper COVER This working paper examines the opportunities, challenges and lessons of efforts to electrify informal settlements. It explains the legal and policy framework governing electricity provision, highlights challenges faced by informal settlement households in accessing electricity, unpacks two case studies, discusses the benefits and costs associated with electrifying informal settlements, and puts forward several solutions. The report seeks to deepen understanding of and provide solutions to several of the challenges that are identified. This working paper is informed by SERI’s experience of working with the community of Slovo Park, and draws on desktop research. It is based on an earlier working paper that was refined through engagements with community and technical experts. This report was written by Tiffany Ebrahim, Thato Masiangoako, and Nick Budlender (Consultant). This publication is accompanied by a set of factsheets that distill the key information from the working paper including important guiding principles and recommendations that should inform informal settlement electrification.

Access the factsheets below:

Urban Tenure Security: A Proposed Approach to Urban Land Tenure Reform (2021).

Urban Land Papers combined This paper adopts Section 25 (6) 2 and Sections 26 (1), (2) and (3) 3 of the Constitution as its starting points. Shortly after the Constitution was enacted, a set of tenure security laws were enacted to give immediate effect to Section 25 (6), pending the development of legislation providing permanent, positive rights.4 The Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act), which gave effect to section 26 (3), is one of these laws. The long-term legislation has not yet been developed. The summary report further recommends that the Department of Public Works also has a role to play in making better use of existing instruments, as it is responsible for land expropriation. Expropriation should be used to secure the tenure of a person or community living without it because of past racially discriminatory laws or practices. They should be able to request the Minister to consider whether to expropriate the land on which they reside for their benefit.

Urban Land Redistribution Tenure Security: A Proposed Approach to Equitable Access to Land (2021).

This paper adopts the redistribution clause in section 25 (5) of the Constitution as its starting point: “the state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.” On this basis SERI argues, in line with the Presidential Advisory Panel and High-Level Panel reports, that a law should be developed and enacted which gives effect to section 25(5) and that the in order to operationalise the approach we propose a process for fine-tuning urban equitable access principles, the main legislative measure (the Framework Act) and the policy measures (the various programmes). The summary report further recommends that expropriation should be employed as a significant mechanism in urban land redistribution. The voices of the urban landless should be heard on what land should be expropriated and when, either directly or indirectly. Ordinary South Africans and communities, who have not been able to gain access to land on an equitable basis, should be able to approach the Minister of Public Works to consider expropriation.

Turning off the tap: Discontinuing Universal Access to Free Basic Water in the City of Johannesburg (2018).

This paper looks at the City of Johannesburg’s March 2017 decision to withdraw the universal provision of free basic water and its implications for the poor and their right of access to sufficient water. Since July 2017 only households registered as indigent can access 6 kilolitres of free basic water per month, the basic minimum as stipulated in national policy and legislation. The paper reviews policy and legislation regarding the provision of free basic water services in South Africa and summarises international lessons about narrow versus universal provision of social benefits. The paper concludes that the City should reconsider its decision to withdraw the universal provision of free basic water as it constitutes an unreasonable, regressive step in the realisation of the right to sufficient water.

The Right to Housing in South Africa (2017)

This paper provides a human rights analysis of the right to housing in South Africa, first reviewing the legal, policy and functional frameworks governing housing, before undertaking a rights-based fault-line analysis of the systemic problems. The paper focuses on urban and peri-urban areas. It is part of a series of papers commissioned by the Foundation for Human Rights (FHR) in terms of which scholars and experts examine how far the realisation of socio-economic rights have advanced in South Africa. The paper was written by Jackie Dugard, with Michael Clark, Kate Tissington and Stuart Wilson.

The Right to Water in South Africa (2017)

This paper assesses the situation pertaining to basic water services in South Africa, first reviewing the legal, policy and functional frameworks, before undertaking a rights-based fault-line analysis of the systemic problems. It is part of a series of papers commissioned by the Foundation for Human Rights (FHR) in terms of which scholars and experts examine how far the realisation of socio-economic rights have advanced in South Africa. The paper was written by Jackie Dugard.

The Right to Sanitation in South Africa (2017)

This paper assesses the situation pertaining to basic sanitation services in South Africa by reviewing the legal, policy and functional frameworks, and undertaking a rights-based fault-line analysis of the systemic problems. It is part of a series of papers commissioned by the Foundation for Human Rights (FHR) in terms of which scholars and experts examine how far the realisation of socio-economic rights have advanced in South Africa. The paper was written by Jackie Dugard.

Informal Settlement Upgrading in South Africa: Linkages to Livelihood Creation, Informal Sector Development and Economic Opportunity Generation (November 2012)

This working paper was initially prepared by SERI for the Centre for Development and Enterprise (CDE) as part of a larger project funded by the Ford Foundation. To read the CDE report entitled “Learning to Listen: Communicating The Value of Urbanisation and Informal Settlement Upgrading” see here. This working paper provides an up-to-date overview of the current landscape with regard to informal settlement upgrading in South Africa, particularly the linkages between informal settlement upgrading, livelihood creation, informal sector development and economic opportunity generation. The paper was written by Kate Tissington.

Shields and Swords: Legal Tools for Public Water (June 2012)

This Occasional Paper was prepared for the Municipal Services Project (MSP). The paper examines and draws lessons from water campaigns’ legal strategies around the world, some of which have transformed national laws and banned private provision, while others were partial victories. The paper looks at six cases of citizen-backed referenda and litigation, offering a comparative and global perspective. This paper was written by Jackie Dugard and Kay Drage.

Towards a Synthesis of the Political, Social and Technical in Informal Settlement Upgrading in South Africa: A Case Study of Slovo Park Informal Settlement, Johannesburg (April 2011)

This working paper presents a number of findings from ongoing research conducted by SERI on informal settlement upgrading and access to well-located land for the poor in South African cities. Specifically, this paper provides a detailed case study on Slovo Park informal settlement in Johannesburg, and the numerous attempts made by the Slovo Park Community Development Forum (SPCDF) to bring about upgrading and development at the settlement over the past 17 years. This working paper was written by Kate Tissington.

A Review of Housing Policy and Development in South Africa since 1994 (September 2010)

In 2010, SERI was approached by the Studies on Poverty and Inequality Institute (SPII) to undertake a review of housing policy in South Africa since 1994. This research formed part of a broader SPII research project to compile a measurement matrix of progressive realisation of the socio-economic rights enshrined in the South African Constitution.

Making A Living Working Papers

Informal Settlement Upgrading in South Africa: Linkages to Livelihood Creation, Informal Sector Development and Economic Opportunity Generation (November 2012)

Expanding Political Space Working Papers

To Whom Do The People Take Their Issues? The Contribution of Community-Based Paralegals to Access to Justice in South Africa (2013)

This paper was prepared for The Justice and Development Working Paper Series. It examines the role of paralegals in providing a crucial link to justice services and legal redress in South Africa, particularly for the rural poor. The paper begins with a historical overview of paralegal services in South Africa from the apartheid period to the present. The study then maps the current state of the paralegal sector, and provides detailed information on the structure and function of key organizations that provide paralegal services. Through an analysis of twelve case studies of paralegal-assisted cases, the report identifies facilitating and hindering determinants of community advice office (CAO) functions at both the institutional and organization level. This working paper was written by Jackie Dugard and Kay Drage.

Other Publications

Below is a list of other publications by SERI staff members, including academic and journal articles, book chapters, and books. They are categorised in terms of Securing a Home and Expanding Political Space.

Securing a Home

Michael Clark and Liza Rose Cirolia (2018) "Briefing Paper on Urban Land Rights", SERI and African Centre for Cities (ACC) Briefing Paper.
Lauren Royston, Nthabiseng Nkhatau and Alana Potter (2017) "Towards a Measure of Spatial Justice in South African Cities: Spatial Mismatch and SPLUMA" in South African Cities Network The Urban Land Paper Series Vol 2: A Transit-Orientated Development Lens, pp. 32-40.
Edward Molopi & Tiffany Ebrahim (2017) "Spatial Justice: Accountability through Collaboration and Confrontation" in Good Governance Learning Network (GGLN) Navigating Accountability and Collaboration in Local Governance, pp. 53-61.
Michael Clark and Kate Tissington (2016) "Courts as a Site of Struggle for Informal Settlement Upgrading" in Liza Cirolia, Tristan Görgens, Mirjam van Donk, Warren Smit and Scott Drimie (eds) Upgrading Informal Settlements in South Africa: A Partnership-Based Approach (UCT Press), pp. 376-391.
Stuart Wilson, Jackie Dugard and Michael Clark (2015) “Conflict Management in an era of Urbanisation: Twenty Years of Housing Rights in the Constitutional Court” South African Journal on Human Rights vol. 31(3), pp. 472-503.
Jackie Dugard (2014) "Beyond Blue Moonlight: The Implications of Judicial Avoidance in Relation to the Provision of Alternative Housing" Constitutional Court Review vol. 5, pp. 265-279.
Stuart Wilson (2014) "Curing the Poor: State Housing Policy in Johannesburg after Blue Moonlight" Constitutional Court Review vol. 5, pp. 279-295.
Jackie Dugard (2013) “Urban Basic Services in South Africa: Rights, Reality and Resistance” in Malcolm Langford, Ben Cousins, Jackie Dugard & Tshepo Madlingozi (eds) Socio-Economic Rights in South Africa: Symbols or Substance? (Cambridge University Press).
Cathy Albisa, Brittany Scott and Kate Tissington (2012) "Demolishing Housing Rights in the Name of Market Fundamentalism: The Dynamics of Displacement in the United States, India and South Africa" in L Minkler (ed) The State of Economic and Social Human Rights: A Global Overview (Cambridge: Cambridge University Press).
Jackie Dugard (2011) “Choice from No Choice; Rights for the Left? The State, Law and the Struggle against Prepayment Water Meters in South Africa” in S C Motta and A G Nilsen (eds) Social Movements in the Global South: Dispossession, Development and Resistance (Palgrave Macmillan).
Kate Tissington and Stuart Wilson (2011) "SCA upholds rights of urban poor in Blue Moonlight judgment" ESR Review vol. 12(2), pp. 3-6.
Stuart Wilson (2011) "Litigating Housing Rights in Johannesburg's Inner City: 2004-2008", first published in the special issue of the South African Journal on Human Rights on Public Interest Litigation vol. 27 pp. 127-151 © Juta & Co (access the Juta catalogue here).
Stuart Wilson (2011) "Planning for Inclusion in South Africa: The State's Duty to Prevent Homelessness and the Potential of 'Meaningful Engagement'" Urban Forum vol. 22(3).
Kate Tissington (2011) “Demolishing Development at Gabon Informal Settlement: Public Interest Litigation Beyond Modderklip?” first published in the special issue of the South African Journal on Human Rights on Public Interest Litigation vol. 27 pp. 192-205 © Juta & Co (access the Juta catalogue here).
Lilian Chenwi and Kate Tissington (2010) "Engaging meaningfully with government in the realisation of socio-economic rights in South Africa: A focus on the right to housing” (Community Law Centre (CLC) and SERI Resource Guide).
Jackie Dugard (June 2010) "Civic action and the legal mobilisation: The Phiri water meters case" in Jeff Handmaker and Remko Berkhout (eds) Mobilising Social Justice in South Africa: Perspectives from Researchers and Practitioners, pp. 71-99 (The Hague: ISS and Hivos).
Jackie Dugard (April 2010) "Can Human Rights Transcend the Commercialization of Water in South Africa? Soweto’s Legal Fight for an Equitable Water Policy” Review of Radical Political Economics vol. 42, p. 175.
Jackie Dugard and Nthabiseng Mohlakoana (2009) “More Work for Women: A Rights-Based Analysis of Women’s Access to Basic Services in South Africa”, first published in the South African Journal on Human Rights vol. 25(3) pp. 546-572 © Juta & Co (access the Juta catalogue here).
Jackie Dugard (2009) “Rights, Regulation and Resistance: The Phiri Water Rights Campaign”, first published in the South African Journal on Human Rights vol. 24(3), pp. 593-611 © Juta & Co (access the Juta catalogue here).
Stuart Wilson (2009) "Breaking the Tie: Evictions, Homelessness and the New Normality" South African Law Journal vol. 126(2), pp. 270-290.
Lilian Chenwi and Kate Tissington (September 2009) "'Sacrificial lambs' in the quest to eradicate informal settlements: the plight of Joe Slovo residents", ESR Review vol. 10(3).
Kate Tissington (May 2009) "Forever a Pipedream? Faultlines around Water Services Delivery at the Local Level" Local Government Bulletin vol. 11(1).
Jackie Dugard (2008) “Power to the People?: A rights-based analysis of South Africa’s electricity policy framework” in David Macdonald (ed) Electric Capitalism: Recolonizing Africa on the Power Grid, pp. 264-287 (Cape Town: Human Sciences Research Council).
Patrick Bond and Jackie Dugard (2008) “Water, Human Rights and Social Conflict: South African Experiences”, Law, Social Justice and Global Development vol. 1.
Kate Tissington (June 2008) “Challenging inner city evictions before the Constitutional Court of South Africa: The Occupiers of 51 Olivia Road case”, Housing and ESC Rights Law Quarterly vol. 5(2).
Stuart Wilson (2006) "Judicial Enforcement of the Right to Protection from Arbitrary Eviction: Lessons from Mandelaville", first published in the South African Journal on Human Rights vol. 22(4) pp. 535-562 © Juta & Co (access the Juta catalogue here).

Expanding Political Space

Maanda Makwarela & Tiffany Ebrahim (2018) "Local Democratic Space in Informal Settlements" in Good Governance Learning Network (GGLN) Developmental Local Government: Dream Deferred?, pp. 54-65.
Edward Molopi & Tiffany Ebrahim (2017) "Spatial Justice: Accountability through Collaboration and Confrontation" in Good Governance Learning Network (GGLN) Navigating Accountability and Collaboration in Local Governance, pp. 53-61.
Jackie Dugard, Tshepo Madlingozi and Kate Tissington (2014) "Rights-Compromised or Rights-Savvy? The Use of Rights-Based Strategies to Advance Socio-Economic Struggles by Abahlali baseMjondolo, the South African Shack-Dwellers’ Movement" in H Alviar García, K Klare and L Williams (eds) Social and Economic Rights in Theory and Practice: Critical Inquiries (Routledge).
Thapelo Tselapedi (2013) “Book review: Popular politics and resistance movements in South Africa edited by William Beinart and Marcelle C. Dawson (Johannesburg, Wits University Press)” Journal of Contemporary African Studies, pp. 1-3.
Thapelo Tselapedi and Jackie Dugard (2013) "Reclaiming power: A case study of the Thembelihle Crisis Committee" in Good Governance Learning Network (GGLN) Active Citizenship Matters, pp. 57-65.
Jackie Dugard and Kate Tissington (2013) "Civil society and protest in South Africa: A view from 2012" in CIVICUS State of Civil Society Report.
Stuart Wilson and Jackie Dugard (2013) “Constitutional Jurisprudence: the first and second waves” in Malcolm Langford, Ben Cousins, Jackie Dugard & Tshepo Madlingozi (eds) Socio-Economic Rights in South Africa: Symbols or Substance? (Cambridge University Press).
Jackie Dugard and Kay Drage (2013) "To Whom Do The People Take Their Issues? The Contribution of Community-Based Paralegals to Access to Justice in South Africa" The Justice and Development Working Paper Series (Washington: The World Bank).
Jackie Dugard and Anna Alcaro (2013) "Let's Work Together: Environmental and Socio-Economic Rights in the Courts" South African Journal on Human Rights vol. 29(1) pp. 14-31 © Juta & Co (access the Juta catalogue here).
Julian Brown and Stuart Wilson (2013) "A Presumed Equality: State and Citizen in Post Apartheid South Africa" African Studies vol. 72(1) pp 86 - 106.
Jackie Dugard (2013) "Courts and structural poverty in South Africa: To what extent has the Constitutional Court expanded access and remedies to the poor?" in Daniel Bonilla Maldonado (ed) Constitutionalism in the Global South: The Activist Tribunals of India, South Africa, and Colombia (Cambridge: Cambridge University Press).
Kate Tissington (2012) "'Tacticians in the Struggle for Change’? Exploring the Dynamics between Legal Organisations and Social Movements Engaged in Rights-Based Struggles in South Africa" in Marcelle Dawson and Luke Sinwell (eds) Contesting Transformation: Popular Resistance in Twenty-First Century South Africa (London: Pluto Press).
Stuart Wilson and Jackie Dugard (2011) "Taking Poverty Seriously: The South African Constitutional Court and Socio-Economic Rights" Stellenbosch Law Review.
Jackie Dugard and Malcolm Langford (2011) “Art or Science: Synthesising Lessons from Public Interest Litigation and the Dangers of Legal Determinism”, first published in the special issue of the South African Journal on Human Rights on Public Interest Litigation vol. 27 pp. 39-64 © Juta & Co (access the Juta catalogue here).
Jackie Dugard (2009) “Courts and the poor in South Africa: A critique of systemic judicial failures to advance transformative justice”, first published in the South African Journal on Human Rights vol. 24(2) pp. 214-238 © Juta & Co (access the Juta catalogue here).
Jackie Dugard (2007) “Judging the Judges: Towards an appropriate role for the judiciary in South Africa’s transformation”, Leiden Journal of International Law vol. 20(4) pp. 237-253.
Jackie Dugard (2006) “Court of First Instance?: Towards a Pro-Poor Jurisdiction for the South African Constitutional Court”, first published in the South African Journal on Human Rights vol. 22(2) pp. 261-282 © Juta & Co (access the Juta catalogue here).
Jackie Dugard and Theunis Roux (2006) “The record of the South African Constitutional Court in providing an institutional voice for the poor: 1995-2004” in Roberto Gargarella, Pilar Domingo & Theunis Roux (eds) Courts and Social Transformation in New Democracies: An Institutional Voice for the Poor?, pp. 107-125 (London: Ashgate Press).

All Publications

Research Reports

Securing A Home Research Reports

Making A Living Research Reports

Expanding Political Space Research Reports

Resource Guides

Securing A Home Resource Guides

Making A Living Resource Guides

Expanding Political Space Resource Guides

Policy Briefs

Community Practice Notes

Securing A Home Community Practice Notes

Making A Living Community Practice Notes

Working Papers

Securing A Home Working Papers

Making A Living Working Papers

Expanding Political Space Working Papers

Other Publications

Securing a Home

Expanding Political Space

Litigation

Research

Advocacy