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On 10 July 2024, the Supreme Court of Appeal (SCA) issued its judgment in the matter of City of Cape of Town v South African Human Rights Commission and Others. The Human Rights Commission was represented by the Legal Resources Centre. The matter, which was brought by the South African Human Rights Commission (SAHRC) against the City of Cape Town, follows the demolitions at the Ethembeni informal settlement in Khayelitsha, Cape Town in July 2020. Armed metro police officers and members of the City of Cape Town’s Anti-Land Invasion Unit (ALIU), accompanied by private contractors acting on the instruction of the City, violently removed Mr. Bulelani Qolani from his shack, while he was naked and in full view of surrounding residents and proceeded to demolish his shack without a court order. This occurred during the COVID-19 pandemic national shutdown when a nationwide moratorium on evictions was in place.

The case concerns the use  of counter‑spoliation, which is a remedy in common law to take back property that has been unlawfully taken from an owner. In this case, the City of Cape Town used counter-spoliation to demolish without going to court first to obtain a court order. The Court ruled that the remedy of counter-spoliation is not available to a property owner, in this case the municipality, under circumstances where possession of the property has already been established by a homeless person. This means that municipalities and property owners must obtain authorisation from a court either in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE), mandament van spolie, an interdict or another available remedy, prior to demolishing a structure constructed to be a home regardless of the phase of construction. The SCA specified that they could only act without court authorisation before the person has begun “putting up poles, lines, corrugated iron sheets, or any similar structure with or without furniture”. 

Abahlali baseMjondolo, represented by SERI,  were admitted as a friend of the court - amicus curiae - in the matter. Abahlali’s submission was informed by their own experience of the eThekwini ALIU. Abahlali and SERI welcome the judgment as an important affirmation of the rights of all people to be protected from unlawful evictions, and we commend the Human Rights Commission represented by the Legal Resources Centre for bringing the case. 

Abahlali’s submissions focused on when municipalities can use the remedy of counter-spoliation, submitting that the City’s use  is at odds with its duty under Section 26 of the Constitution, to act reasonably to progressively give effect to the right of access to adequate housing. The City cannot invoke this remedy after a homeless person has commenced the construction of their informal structure because “any act of dispossession from that stage would not be a defence against spoliation but itself amount to an act of spoliation.” The City must seek relief through the courts to ensure judicial oversight and prevent junior officials from acting on their own discretion against marginalised people.

The judgment also noted the brutalising conduct of the ALIU and other law enforcement officers: “the conduct of the City’s personnel did not only constitute a violation of the occupants’ property rights in and to their belongings, but also disrespectful and demeaning.” The judgment finds that the City must take responsibility for training and equipping the ALIU personnel with sensitivity training “to recognise that people’s rights should be respected and they should not be abused during removals”. 

SERI executive director Nomzamo Zondo commented, “I am certain that the judgment’s emphasis on the behaviour of anti-land invasion units, outlawing the confiscation of possessions, and restating the obligation to treat people with dignity will significantly protect the landless.”

Abahlali general secretary Thapelo Mohapi commented, “Abahlali welcomes the SCA judgment as a huge victory for the poor and marginalised in South Africa who have been unlawfully evicted by the ALIU rendering thousands homeless. Many people have lost their lives at the hands of the ALIU, including Samuel Hloele and Nkosinathi Mngomezulu, who we lost to ALIU violent conduct during illegal evictions.”

Contact details:  

• Nomzamo Zondo, SERI Executive Director: Nomzamo[at]seri-sa.org / 071 301 9676.
• Amanda Duma, SERI Attorney: Amanda[at]seri-sa.org / 082 590 9507.
• Thapelo Mohapi, Abahlali baseMjondolo General Secretary: thapelo[at]abahlali.org / 084 576 5117.

>> Download full statement here. 

 On Friday, 28 June 2024, police reportedly shot and killed Aphelele Jokanisi en route from Flagstaff to Lusikisiki in the Eastern Cape. Aphelele Jokanisi is the brother of the late Semi Jokanisi who was shot and killed by police in Marikana on 13 August 2012. Aphelele was 30 years old and is survived by his father and siblings. He will be laid to rest in his hometown of Lusikisiki on Sunday, 14 July 2024. SERI mourns this loss and condemns, in the strongest terms, the police violence which caused the death. We send our deepest condolences to the families and loved ones of the Jokanisi family.

The family shares that Aphelele was travelling with a friend, Yandisa Jajula, when they were reportedly attacked by the police and brutally shot multiple times in the presence of his eight-year-old nephew Ambusise Jokanisi. Ambusise survived the incident. They were returning from his grandmother’s funeral in Flagstaff, Eastern Cape.  Having viewed the body, the family report that Aphelele was shot multiple times on the arms and head. The family has opened a case against the police, and the Independent Police Investigative Directorate (IPID) is investigating the incident.

The Jokanisi family has now lost two children to police brutality. Their eldest son, Semi Jokanisi, was killed in an incident that resulted in the death of two other miners, Mr Thembelakhe Mati and Mr Pumzile Sokanyile as well as police officers Warrant Officer Tsietsi Hendrik Monene, and Warrant Officer Sello Ronnie Lepaauku. Six police officers are currently standing trial for the events of 13 August 2012. The trial, which commenced in 2021, sits intermittently at the Mahikeng High Court for a few days at a time every few months. It is unclear when the trial will be brought to conclusion.

The police have a constitutional duty to protect life. Following the Marikana Commission of Inquiry, a panel of experts was established to examine policing and crowd management. In its report, the Panel noted that “the recognition and protection of life as a key principle is a hallmark of professional policing” and thereby called for the adoption of ‘the Use of Force Policy and Guidelines developed by the Civilian Secretariat for Police Service, which were approved by the Minister of Police in 2018. However, this killing tragically demonstrates shows that neither the law nor the guidelines have prevailed.

Joyce Jokanisi, Semi Jokanisi’s mother, was laid to rest in January 2021 without seeing justice for her son’s death. Semi Jokanisi’s son, Ayabonga, tragically committed suicide due to bullying at school about his father’s death. While all families deal with loss as a difficult but certain part of life, the particular suffering and trauma that the Jokanisi family have endured can be traced to events at Marikana, which has been compounded by the lack of justice and closure. We believe that police impunity made the killing of Aphelele Jokanisi possible. We mourn with the family and stand in solidarity with their pursuit of justice for Aphelele’s death.

SERI attorney Asenati Tukela says, “It is our view that the state’s failure to fully acknowledge and provide redress for Marikana, as well as its failure to prioritise accountability and discipline, has allowed the police, once again, to act with impunity against the public. This cannot continue.”

• Download the press statement here.

SERI seeks to appoint a Researcher to be based in Johannesburg. 

Start date: 1 October 2024, or as soon as practicable. 

Duties: 

Reporting to the Director of Research and Advocacy, the Researcher will be expected to lead and develop the Making a Living thematic area, conducting research on informal and precarious livelihoods, undertaking associated advocacy activities, and engaging and strengthening SERI’s relationship with its partners. Tasks include: 

• Producing research reports on informal and precarious livelihoods; 
• Translating research into accessible materials like factsheets or similar products; 
• Organising and conducting rights education workshops alongside partner organisations; 
• Conceptualising and co-ordinating research product launches and other events; 
• Participating in media advocacy and presenting at meetings and conferences; 
• Assisting with the drafting of submissions and other policy advocacy activities; 

The salary attached to this post is approximately R460 000 per annum, and is negotiable depending on the candidate’s level of experience. 

Requirements: 

• An MA in a humanities or social science-related discipline; 
• At least 3, preferably 5, years’ experience as a researcher in a related field such as human rights, livelihoods, labour or socio-economics; 
• Experience conducting research activities related to informal and precarious worker groups such as informal traders, domestic workers, informal recyclers and farm workers. Advocacy experience in the same areas will be an added advantage; 
• Excellent writing and communication skills; 
• Ability to apply local legal and policy frameworks and international human rights-based frameworks to social research and various forms of advocacy; 
• Ability to co-ordinate research and advocacy projects with a variety of stakeholders; 
• A record of interest in and engagement with any area of work in which SERI is active; and 
• Fluency in any of South Africa’s indigenous languages. 

To apply, submit your CV, two unedited samples of recent written work, together with a covering letter, to Princess Nkuna at This email address is being protected from spambots. You need JavaScript enabled to view it. quoting the position in your covering letter. Applications to be submitted by Monday, 29 July 2024. In your covering letter please provide a detailed explanation of why you are interested in working for SERI in particular, and what qualities and experience you would bring to the post. Generalised covering letters, which do not engage with SERI’s activities and purpose, will not be considered. 

SERI is committed to transformation and strives to contribute to the development of a new generation of human rights activists at the national and international level. Only shortlisted candidates will be contacted, and will be expected to make themselves available for an interview, in mid August. For more information about Socio-Economic Rights Institute of South Africa, visit www.seri-sa.org. 

• Download the advert here. 

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.