By Wayne Ncube | National Director
Introduction
As we conclude another quarter, we reflect on pivotal legal victories and ongoing advocacy that continues to shape the human rights landscape in South Africa. The outcomes highlighted in this report demonstrate the collective efforts of our team and partners, ensuring justice for marginalized individuals and communities. We are proud to share these milestones with you.
Advocacy and Legal Milestones
Home Affairs Ordered to Unblock IDs of LHR Clients
On September 18, 2024, the Pretoria High Court once again ruled in favor of LHR clients in the landmark case Phindile Philile Mazibuko and Others v Minister of Home Affairs and Others. The Department of Home Affairs (DHA) was ordered to unblock the identity documents (IDs) of 142 individuals within 20 days, following months of non-compliance with a previous court order. This judgment brings much-needed relief to individuals who have been unable to access basic services and exercise their rights due to unjust ID blocking practices. The court also demanded an affidavit from DHA explaining which IDs were unblocked, addressing long-standing inconsistencies in their compliance.
Interdict Against Unlawful Arrests of Asylum Seekers
In a major victory for asylum seekers, the Pretoria High Court granted an interdict in September 2024 preventing the unlawful arrest of new asylum seekers at Refugee Reception Offices (RROs). LHR, in collaboration with the Scalabrini Centre, successfully challenged this practice, which had resulted in asylum seekers being denied access to the asylum process and facing deportation. The court’s decision provides interim relief, allowing asylum seekers who express their intention to apply for asylum to do so without the threat of arrest, pending the final outcome of the case.
Landmark Decision on Arms Exports to Myanmar
In July 2024, LHR, representing the Southern Africa Litigation Centre (SALC), secured a significant victory when the North Gauteng High Court set aside arms export permits to Myanmar. The court ruled that arms exports to countries experiencing an unconstitutional change of government or suspected of committing crimes against humanity must be suspended. This decision not only halts the export of arms to Myanmar but sets a critical precedent for future arms export cases, ensuring South Africa’s foreign policy aligns with its human rights obligations.
Legal Recognition of Customary “Family House”
LHR has launched two significant legal applications—one in the Johannesburg High Court and another in the Pretoria High Court—seeking the legal recognition of the “family house” concept under South African customary law. Currently, South African law does not recognize the family house, which leaves many vulnerable individuals, especially women and children, exposed to eviction or displacement when the registered owner of the house decides to sell or evict other family members. LHR’s cases aim to address this gap, ensuring that customary rights to family property are protected under the law.Campaigns and Community Engagement
Community Workshops Empowering Women and Children
In partnership with ProBono.Org and the Embassy of Germany, LHR conducted a series of community workshops aimed at empowering women and children by educating them on housing, property rights, and inheritance laws. These workshops, held in under-resourced areas such as the Eastern Cape, provided critical legal information to vulnerable groups, equipping them with the tools to protect their rights.
Organizational Growth and Development
Addition of the Worker Programme
This quarter, LHR introduced the Worker Programme in partnership with Casual Workers Advice Ofice to address pressing labor rights issues, particularly focusing on vulnerable and undocumented workers. The programme has already handled several cases concerning worker exploitation, unfair dismissals, and workplace discrimination. This initiative seeks to strengthen protections for marginalized workers and ensure their access to justice in environments where exploitation is prevalent. The Worker Programme is an important step in advancing socio-economic rights in the labor sector, particularly for those with limited access to legal recourse.
Climate Justice and Community Engagement
LHR, in collaboration with the Mandela Institute, has continued its efforts in climate justice advocacy through the Wits Accredited Short Course on Climate Justice. Held June to August 2024, the course was attended by 20 participants, primarily mining community activists. The course covered topics such as the climate crisis, social justice, emerging law and policy frameworks, and legal remedies for addressing climate justice issues.
Additionally, LHR partnered with 350.org and the Centre for Applied Legal Studies to co-host Climate Justice Study Circles aimed at promoting socially owned renewable energy. These study circles encourage progressive unions and community organizations to engage deeply with the climate crisis, push for social ownership of renewable energy, and resist the co-option of environmental justice demands by ruling elites. The goal is to empower activists to advocate for climate justice and socially owned renewable energy within their communities, strengthening the grassroots movement toward a sustainable, community-led response to the climate crisis.
Conclusion
The third quarter of 2024 has been marked by landmark judicial decisions, groundbreaking advocacy, and continued efforts to expand access to justice for vulnerable communities. The progress we have made is a direct result of the collective strength of our team and partners. As we move forward, we remain committed to upholding the rule of law and protecting the rights of marginalized groups.
Thank you for your ongoing support.
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By Wayne Ncube | National Director
By Wayne Ncube | National Director
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