More News Articles

The ESR Review: Economic and Social Rights in South Africa has published a special issue on gender-based poverty, women, and housing in urban areas which includes an article written by SERI attorney Deborah Raduba and Adenike Fabohunda as well as an article by former litigation intern Justin Winchester and Ashita Alag who was a Bonavero Fellow with SERI in 2024. The Journal is published by Dullah Omar Institute for Constitutional Law, Governance and Human Rights at the University of the Western Cape.

The article Deborah Raduba and Adenike Fabohunda is entitled, ‘A House All My Own’: An Intersectional Reflection on the Failures of Post-Apartheid Law and Policy to Provide Tenure Security for Black Women in Urban South Africa. The article reflects on the right to housing from a historical perspective. It discusses the limitations of South Africa's post-apartheid law and policy for the tenure security of black women, in particular. The article also explores this through a discussion of the Rahube v Rahube case.

The article by Justin Winchester and Ashita Alag entitled, Contested Co-Existence: Addressing Women’s Housing Insecurity with the Legal Recognition of Family Homes, discusses the implications of customary law and how the gap between customary and common law in South Africa can be bridged in a way that connects the components of tenure security and cultural adequacy.

• Both articles can be accessed here.

Last week, the Socio-Economic Rights Institute (SERI) hosted an intimate screening of the new documentary Mathonga Elizwe – Spirits of the Land by Uhuru Productions at the Forge in Braamfontein. The documentary examines the experiences of land claimants and labour tenants, narrating the ongoing struggles of Black families living on white-owned land, including instances of harassment and violence. The film offers a critical reflection on South Africa’s land reform project at a time when the country marks 30 years of democracy.

The film draws on three land claims in Hilton and Koubad in KwaZulu-Natal and Wakkerstroom in Mpumalanga respectively. It details how the families depicted in the film lost their land due to forced removals as recently as 1995, resulting in them becoming landless labour tenants. The film shows how land dispossession disrupted thriving agricultural practices, and forced many to live with strict restrictions on livestock keeping and burial practices.

The screening was followed by a discussion with the film’s director Tsogo Kupa, producer and narrator in the film Dr Mnqobi Ngubane, and one of the land claimants, Mr Mlungisi Nkambule. Mr Nkambule reflected on his challenging upbringing in Wakkerstroom and detailed several instances of harassment and violence experienced at the hands of the landowner because of his land claim. The most recent incident occurred in September 2024, in the presence of the national Parliamentary Portfolio Committee on Land and Rural Development. He discussed how the landowner curtails his freedoms and how the justice system in Wakkerstroom has failed him and his family.

SERI commends Mathonga Elizwe for shedding light on the issue of land claims, the history that underpins dispossession and how these challenges persist. The film powerfully illustrates the intersection between land, poverty, inequality, and unemployment.   

We are of the view that the film is deserving of a wider audience due to its relevance and important messages. The film team has expressed that they welcome screening invitations. For example, the Association for Rural Advancement (AFRA) will host a screening as part of a two-day workshop for labour tenants it works with on 27 November 2024. Several other international screenings are scheduled for the rest of the year in Brazil, Sweden, and the United Kingdom. The trailer for Mathonga Elizwe can be accessed here.

Contact details:

• Dr. Mnqobi Ngubane, producer: ngubanemnqobi[at]gmail.com.
• Nomzamo Zondo, SERI executive director: Nomzamo[at]seri-sa.org / 071 301 9676.

• Download the statement here.

On 19 October and 2 November 2024, SERI participated in domestic worker advocacy sessions hosted by the Department of Employment and Labour’s Compensation Fund. The advocacy sessions were held in East London and Bloemfontein, respectively. They aimed to educate and empower domestic workers about their rights and responsibilities under the Compensation for Occupational Injuries and Diseases (COID) Act 10 of 2022, and to familiarise them with the COIDA claim process.

SERI's Grace Gomba and Yongeza Mbimbi attended the advocacy session in East London where they had the opportunity to engage approximately 300 domestic workers and trade union members present about SERI's work with domestic workers and share relevant SERI material with them. SERI distributed COIDA factsheets and domestic worker rights guides entitled, Domestic Worker: a Legal and Practical Guide.

SERI’s Candidate Attorney Grace Gomba delivered a message of support, in which she reflected on the significance of the Mahlangu v The Minister of Labour Constitutional Court judgment, and the subsequent inclusion of domestic workers under COIDA. Gomba emphasized the important role played by the various stakeholders including government, domestic worker employers, and domestic workers unions, in working together to ensure that domestic workers are protected and are registered for COIDA. Lastly, Gomba lamented the low numbers of COIDA claims that have been processed even though claims can be made retrospectively.

Gomba spoke alongside several other people including Ms. Nobuko Ngaki (the Acting Chief Director of Provincial Operations); Dr B Dunga (the Director of COID Services Eastern Cape); Mr J Soupen (the Chief Director COID Services) who delivered a keynote address. The Commission for Mediation, Conciliation, and Arbitration (CCMA), the Federation of Unions of South Africa (FEDUSA), the South African Federation of Trade Unions (SAFTU), and the Congress of South African Trade Unions (COSATU) were also represented and also shared messages of solidarity.

At the advocacy session in Bloemfontein, SERI was represented by Thando George and Cheriese Dilrajh who also had the opportunity to engage approximately 250 domestic workers and trade union members who attended the event.  They also shared COIDA factsheets and domestic worker rights guides. 

SERI Candidate Attorney Thando George delivered a message of support in which she discussed the Mahlangu case and its implications for domestic workers, SERI's work in support of domestic workers, and the importance of domestic workers' accessing their constitutional rights. The audience then had the opportunity to engage and ask questions.  The CCMA, FEDUSA, SAFTU and COSATU also shared messages of solidarity for domestic workers.

This is SERI’s second newsletter for 2024. In it, we present a few highlights from May to September.

During this period, we released a new research report as part of the Women’s Spaces project, showing how women and children are disproportionately affected by family home disputes. The report, accompanied by fact sheets, explores the concept of the family home, contemplates legal recognition of family homes and offers policy recommendations.

Key litigation highlights from the period include a Western Cape High Court ruling requiring alternative accommodation for over 100 unhoused individuals in Cape Town and a Supreme Court of Appeal decision mandating court orders before demolishing structures. SERI also challenged discriminatory land tenure laws in Mothlamme v Maimane and engaged in advocacy through workshops on eviction law and COIDA rights, as well as commemorating the 12^th anniversary of the Marikana massacre.

• Access the newsletter here.