By Wayne Ncube | National Director
It is with immense pride and profound gratitude that we share this report, chronicling a quarter teeming with breakthroughs and tireless efforts to fortify the bedrock of human rights in South Africa and beyond. The successes we celebrate are not solitary triumphs but a collective determination, partnership, and unwavering support from each of you and our sector as a whole.
Advocacy and Legal Milestones
Home Affairs Practice of ID Blocking Declared Unconstitutional
On January 16, 2024, Judge Van der Schyff delivered a landmark judgment in the Pretoria High Court in the case of Phindile Philile Mazibuko and Others v Minister of Home Affairs and Others. The court ruled that the practice of placing markers against identity numbers by the Department of Home Affairs (DHA) without a fair administrative process is unconstitutional. This judgment brings relief to millions, ensuring that identity blocking, which can lead to statelessness, is recognized as unjust and invalid. This ruling underscores the importance of procedural fairness and the protection of constitutional rights.
LHR’s Submission on the Home Affairs White Paper
On January 31, 2024, LHR submitted a critical analysis of the Department of Home Affairs’ White Paper on Citizenship, Immigration, and Refugee Protection. The submission highlighted the paper's numerous human rights implications and called for its withdrawal, citing a lack of meaningful public participation and coherence. LHR’s engagement emphasized the need for policies that reflect democratic principles and respect for human dignity, urging the DHA to consider more inclusive and constitutionally sound approaches.
Sefikile Community in Court Over Leader’s Removal
LHR represented the Sefikile community in the Mafikeng High Court to oppose the reinstatement of Mr. Pilane, an erstwhile traditional leader removed due to findings of significant financial mismanagement by the Baloyi Commission. The community, living in poverty despite the wealth generated by the Swartklip mine on their land, seeks justice and accountability for the missing funds. This case highlights the critical need for transparency and integrity in the management of communal resources.
Legal Recognition of Customary Family Houses
LHR launched two applications in the Johannesburg and Pretoria High Courts seeking legal recognition of the “family house” concept under South African customary law. These cases aim to protect vulnerable family members from eviction by recognizing their traditional rights to family property. This initiative addresses the significant impact of current legal shortcomings on women and children, reinforcing LHR’s commitment to social justice and human rights.
Participation in the 43rd Ordinary Session of the ACERWC
From April 15-20, 2024, LHR participated in the 43rd Ordinary Session of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in Maseru, Lesotho. Together with the Centre for Child Law, LHR advocated for the rights of stateless children, emphasizing the severe implications of statelessness and the need for robust legal frameworks to protect these vulnerable populations. This engagement underscores our commitment to advancing the rights and welfare of children across Africa.
Campaigns and Community Engagement
#UnblockMyID #UnlockMyLife Campaign
Our ongoing campaign against the unlawful ID blocking by the DHA has gained significant traction this quarter. Through innovative approaches, including a podcast series, we have amplified the voices of affected individuals and engaged with stakeholders to challenge this unconstitutional practice. This campaign continues to highlight the severe repercussions of ID blocking and advocate for the restoration of dignity and rights.
Empowering Women and Children
LHR has intensified its efforts to reduce gender-based violence and empower socio-economic rights. In collaboration with ProBono.Org and supported by the Embassy of Germany in South Africa, we conducted community workshops on critical issues such as housing, property rights, and legal succession. These initiatives aim to equip women and children with the knowledge and resources to protect their rights and improve their living conditions.
Conclusion
As we reflect on a quarter filled with landmark judicial decisions, influential international engagements, and ground-breaking campaigns, we are reminded that the journey towards justice and equality is a continuous pursuit. The progress we have made is a direct result of your steadfast support and belief in our cause.
Thank you for your contribution to upholding the rule of law and enhancing access to justice in South Africa. Together, we are forging a path to a more just and equitable future.
Links:
Project reports on GlobalGiving are posted directly to globalgiving.org by Project Leaders as they are completed, generally every 3-4 months. To protect the integrity of these documents, GlobalGiving does not alter them; therefore you may find some language or formatting issues.
If you donate to this project or have donated to this project, you can receive an email when this project posts a report. You can also subscribe for reports without donating.
Support this important cause by creating a personalized fundraising page.
Start a Fundraiser