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[PRESS STATEMENT] New documentary, Mathonga Elizwe - Spirits of the land, highlights plight of land claimants (21 November 2024).

 

FINAL SERI statement Mathonga Elizwe Nov2024Last 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.

 

[ADVOCACY] SERI participates in domestic work advocacy sessions hosted by Department of Employment and Labour's Compensation Fund (12 November 2024).

DW workshop Oct2024 6On 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.

TGeorge DW event Bloemfontein 2Nov2024At 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.

 

 

[NEWSLETTER] SERI's latest newsletter is out (5 November 2024).

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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 12th anniversary of the Marikana massacre.

  • Access the newsletter here. 

[PUBLICATION] SERI launches new working paper on informal settlement electrification (31 October 2024).

Eletrification in Informal Settlements working paper COVERToday, on World Cities Day, SERI launches a new working paper on electrification in informal settlements entitled, 'Electrification in Informal Settlements: Opportunities, Challenges and Lessons'. Each year, shack fires devastate informal settlements across South Africa, claiming many lives and destroying homes and belongings. Lack of access to safe and affordable electricity remains one of the leading causes of these fires.

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 informal settlement households face in accessing electricity, unpacks two case studies, discusses the benefits and costs associated with electrifying informal settlements, and proposes several solutions. The report seeks to deepen understanding of and provide solutions to several of the challenges that are identified. SERI’s experience of working with the Slovo Park community informs this working paper, and draws on additional desktop research. It is based on an earlier working paper that was refined through engagements with community and technical experts. 

To accompany this publication, SERI has also produced 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. 

[ADVOCACY] SERI's Thato Masiangoako participates in Planact seminar on public participation (10 October 2024).

On Thursday, 3 October 2024, SERI's Thato Masiangoako participated in a seminar exploring participatory democracy entitled, "Igniting Community Voices in Local Government", hosted by PlanAct. The seminar was the first in a series of three, all of which aim to explore the concept of participatory democracy in greater detail. It was held at PlanAct's offices in a hybrid format, bringing together approximately 30 participants. 

Thato spoke alongside Prof Heidi Brooks (Wits School of Governance), Prof Joleen Kotze (Human Sciences Research Council), and Mmabatho Mongae (Good Governance Africa) who all presented on different aspects of public participation, the nature of the relationship between communities and local government, and its impact on meaningful and effective public participation. 

Thato's presentation reflected on the experience of the Slovo Park informal settlement with public participation as part of their efforts to get their informal settlement developed as part of the Upgrading of Informal Settlement Programme (UISP). Thato provided an overview of the UISP aims to achieve and requires in terms of participation; a brief account of Slovo Park's history and the role of the Slovo Park Community Development Forum in advocating on behalf of Slovo Park residents for a more meaningful form of public participation in the government process that would affect their community.