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On Friday, 28 June 2024, SERI executive director Nomzamo Zondo spoke on a panel entitled "Fearless Cities: Activism, Advocacy, and the Law," a discussion following the screening of the new documentary 'Mother City'. On the panel, Nomzamo spoke alongside Mandisa Shandu (SERI board member and former executive director of Ndifuna Ukwazi), Nkosikhona Swaartbooi (film protagonist and former organiser at Ndifuna Ukwazi and later Social Justice Coalition), and Dr Jonty Cogger, (attorney at Ndifuna Ukwazi). The discussion was facilitated by the documentary editor, Khalid Shamis. The Nelson Mandela Foundation and the 26th Encounters South African International Documentary Festival collaboratively hosted the screening and panel discussion. 

In the discussion, Nomzamo discussed the housing crisis in Cape Town and a recent SERI case that provided representation to unhoused people in Cape Town whom the City sought to evict. She also reflected on the nature of the housing crisis in Johannesburg's inner city. Nomzamo commended the team behind the film for effectively telling such a powerful story that depicts the effects of stagnant land reform and the failure of metros to tackle the legacies of apartheid spatial planning. 

The documentary, Mother City, follows the work of activists from Ndifuna Ukwazi, Reclaim the City and Social Justice Campaign, amongst others who are confronting Cape Town's housing crisis by reimagining the future of the inner City to include the poor and working class by exploring housing solutions that could produce low-cost housing with Cape Town's inner City. It follows the journey of the Tafelburg case recently heard in the Supreme Court of Appeal.

On 6 July 2024, the SERI hosted a workshop on the Inclusion of Domestic Workers in the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) in Braamfontein. The purpose of the workshop was to inform domestic workers of their rights in terms of the Act, the protections the Act affords domestic workers and their dependents, the challenges domestic workers experience when submitting their claims and to answer questions domestic workers have about COIDA. The workshop was attended by 20 participants from Migrant Workers Union of South Africa (MIWUSA).  

SERI candidate attorney, Thando George began the workshop by identifying the participants’ expectations and to identify common issues to be addressed by the workshop. Thando then did a presentation on Introduction to COIDA. The presentation covered what is COIDA and what do domestic workers stand to benefit from COIDA. 

SERI candidate attorney, Grace Gomba followed with a presentation that focused on the Mahlangu v Minister of Labour judgment and the implications of the case. This presentation aimed to give an understanding of the law and the protections COIDA gives to domestic workers, and particularly to migrant domestic workers. 

Lastly, SERI Advocacy officer, Yongeza Mbimbi presented on the claiming process and the process in submitting retrospective claims to the compensation fund. The presentation gave an overview of the (ideal) claims process; challenges and steps migrant domestic workers can take to claim. The workshop concluded with Grace, Thando and Yongeza taking questions from the participants. 

On Tuesday, 18 June 2024, the Western Cape Division of the High Court ordered the eviction of over 100 unhoused people occupying public spaces in seven sites around the Cape Town inner city, with the provision of alternative accommodation at one of the City of Cape Town’s shelters: Safe Space 1 in Culemborg.
 
The case concerns the obligations of the City of Cape Town towards unhoused people living in the inner city. Our clients had conceded at the outset that their occupation was unlawful, and so the main issues in the case concerned the provision of alternative accommodation and its adequacy. Their participation in this litigation meant that they could engage the City about their concerns, resulting in important concessions. Their next steps will be communicated in the next week once SERI has consulted with them.
 
The first concession concerns the eviction that would have rendered them homeless: despite the City having sought the eviction without tendering alternative accommodation, the High Court order now requires it to provide alternative accommodation to every individual who accepts an offer of shelter. 
 
Secondly, the City agreed to amend the shelter rules to make them more humane and constitutionally compliant. After the amendments, partners will not be separated into gender‑segregated accommodation but will be allowed to live together; shelter residents will not be locked out during the day; and people will not be limited to six months living at the safe spaces if they do not have alternative accommodation. We welcome these positive changes. 
 
Lastly, the High Court refused the sweeping interdict the City wanted: instead of a broad interdict which would have prohibited named and un-named persons from occupying any public space owned by the City of Cape Town anywhere in the inner city, the interdict now only applies to the specific people named in the court papers – our clients – and to the seven sites in the inner city from which they will be evicted. This averts a situation where other inner‑city residents who were not part of this litigation could be evicted from their homes without the procedural protections provided by our Constitution.
 
The changes to conditions of the eviction, the shelter rules, and the interdict were only possible because our clients were represented and could present their views before the court. We concur with the City that the process of engagement ought to be celebrated. We look forward to what the rehabilitation programme promises our clients, including job opportunities, health and social support for drug and alcohol abuse. 
 
SERI’s Senior Attorney Nkosinathi Sithole says, “We welcome the judgment because no-one in South Africa should be in a situation where their rights go undefended and their voices unheard. We look forward to consulting our clients next week and any further engagements that may arise out of that”.
 
Contact details: 

• Nkosinathi Sithole, SERI senior attorney, nkosinathi[at]seri-sa.org, 082 589 7473. 

• Download the statement here.

Over the past two weeks, Kenyans, led by their youth, have been taking part in the #RejectFinanceBill2024 protests against a 2024/25 tax bill seeking to raise $2,7 billion to repay foreign loans. The protests have been met with excessive and deadly force. According to the Kenya National Commission on Human Rights (KNCHR), as of 1 July, at least 39 people have been killed, about 360 injured, over 600 arrested and there have been at least 32 cases of abductions. The KNHCR has also reported that some actions by security agencies have amounted to torture. SERI mourns the deaths of those killed in these protests and condemns the excessive use of violence by the Kenyan government.

Kenyans have been struggling with increases in the cost of living, high levels of unemployment, and growing poverty, all against a backdrop of increasing international debt and corruption by an extravagant political class. Approximately 60% of Kenya’s GDP goes towards servicing debt. The proposed taxed bill, since withdrawn by President William Ruto, has sparked these recent protests. However, Kenyans have asserted that these continued protests are a response to a bleak economic future which the tax bill represents. The protests are therefore a public expression of dissent and a legitimate and important means of holding government accountable and responsive to the needs and concerns of ordinary citizens. The right to protest is enshrined in Article 37 of Kenya’s constitution which places a responsibility on the state to facilitate the right as opposed to supressing it.

As a signatory to the African Charter on Human and Peoples Rights, the International Convention on Civil and Political Rights, as well as various other international instruments, the Kenyan government is obliged under international law to respect and protect the right to life, the right to freedom from torture and cruel, inhuman or degrading treatment, freedom from other ill-treatment, to protect the right to liberty and the right to freedom of assembly. The use of force should be in line with international standards on its use adhering to the principles of legality, necessity, proportionality, precaution, and accountability. This means that the use of force must be authorised by law, be necessary in the circumstances, be proportionate to the threat presented, that ground operations must be planned to minimise the risk of harm, and that the use of force must be accountable and therefore justified and justifiable.

In addition, the Kenyan government has an obligation to ensure that prompt, effective, independent, impartial, and transparent investigations are carried out into the deaths that occurred. The victims of this violence and the loved ones of the deceased have a right to an effective remedy to which the Kenyan government must ensure they have access. Failure to address this will breed impunity and lead to further corrosion of the government’s relationship with the people of Kenya. Justice and accountability are especially important to facilitate the healing of those affected by this violence.

SERI’s defense of the families of the miners killed in the Marikana massacre in 2012, showed us first-hand the impact of police violence as a response to the exercise of democratic rights. In our ongoing pursuit of an effective remedy and justice for the families, we have also seen how the continued denial of justice and accountability has affected the victims and survivors of Marikana and emboldened the police in South Africa to act with impunity. We would urge the Kenyan government to choose a different course.

As the protests continue, we express our heartfelt condolences to the loved ones of the deceased. We also wish to express our solidarity with the Kenyan protestors advocating for greater government accountability and improved living conditions. No one should have to die during the course of a protest or any other demonstration.

Contact details: 

• Thato Masiangoako, SERI researcher: 082 590 8973 / This email address is being protected from spambots. You need JavaScript enabled to view it..

• Download the statement here.