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[SUBMISSION] SERI makes comments on the White Paper on Citizenship, Immigration and Refugee Protection (1 February 2024).

Submission on White Paper on migration January2024

On 31 January 2024, The Socio-Economic Rights Institute of South Africa (SERI) made a written submission to the Department of Home Affairs on the White Paper on Citizenship, Immigration and Refugee Protection: Towards a Complete Overhaul of the Migration System in South Africa (the White Paper). SERI frequently provides comments in response to government public calls concerning draft laws and policies. 

SERI’s submission focuses largely on two issues. The first is the White Paper’s threat to remove the socio-economic rights of refugees and migrants which SERI argues would be unconstitutional and breach South Africa’s international law obligations under a wide range of treaties. These rights include rights to social assistance, education, health, and the right to work. SERI submits that taking away existing socio-economic rights currently enjoyed by refugees and
other migrants would also constitute retrogression and any attempt in new legislation to take away these rights would be inconsistent with the Constitution and invalid. 

The second issue is that the White Paper ignores the Department of Home Affairs's duties to combat xenophobia, and that such a duty should find expression in any new policy or law on migration and refugee protection. In addition, SERI is of the view that the White Paper may "unwittingly fuel xenophobia".

SERI also notes that the period allowed for public consultation, which fell over the year-end break, was inadequate and prevented SERI from being able to conduct detailed engagements with all its clients communities and partners across South Africa.

Ultimately, SERI finds that the White Paper is so fundamentally flawed - in its methodology, evidential base, and legal positions - and recommends that the White Paper be withdrawn and the process commenced afresh, using a more appropriate methodology, consultation with affected groups (especially migrants and refugees) and proper legal advice.

  • Download the full submission here

[WORKSHOP] SERI and Slovo Park residents participate in workshop on ‘Storytelling in times of crisis’ (30 January 2024).

storytelling workshop 3

From 22 to 25 January 2024, SERI, the University of Western Cape's Politics and Urban Governance Research Group, and the University of Sheffield hosted a workshop on ‘Storytelling in a time of crisis’. Residents from Slovo Park and members of the Slovo Park Community Development Forum (SPCDF) also participated in the workshop.

Over the four-day workshop, the participants had the opportunity to develop stories based on their personal experiences that contextualise and demonstrate their understanding of the crises they have faced. The participants also had the opportunity to develop their stories based on whichever format they preferred, including creating storybooks and podcasts. The sessions unpacked the process of developing a story and the important components of structuring a story. Another session focused on the process of scriptwriting. The participants were then able to present their stories for feedback.

[JOB OPPORTUNITY] SERI seeks to hire a Junior Attorney (12 January 2024).

The Socio-Economic Rights Institute of South Africa (SERI) Law Clinic has a vacancy for a Junior Attorney to commence work as soon as possible, but not later than 1 March 2024. 

The SERI Law Clinic has a first-rate human rights practice, which encompasses constitutional and administrative law, criminal defence, defamation, labour law, property law, contract law (insofar as it involves consumer protection) and actions against the police and other delictual claims. SERI concentrates its work in South Africa’s townships, informal settlements, the Johannesburg inner city and other poor and marginalised communities. SERI’s practitioners appear regularly at all levels of the courts system, up to and including the Constitutional Court. SERI has an enviable track record in obtaining and enforcing ground-breaking judgments. You can find out more about SERI on www.seri-sa.org.

Requirements for the position –

Essential

  • LLB Degree.
  • Admitted Attorney, one to three years post admission.
  • Interest in and, some prior engagement with, human rights law or litigation.

Desirable

  • Interest in, and experience of, research and publication.
  • Fluency in any of South Africa’s indigenous languages. 

SERI offers a competitive salary, which compares very favourably with salaries offered in other public interest law firms. SERI wishes to contribute to the development of a new generation of human rights lawyers. Accordingly, the position carries with it significant opportunities for continuing professional training and development. 

If you are interested in this post, please send a CV, together with a cover letter and academic transcripts to Princess Nkuna This email address is being protected from spambots. You need JavaScript enabled to view it.. In your cover letter, please give a detailed explanation of why you are interested in working for SERI, 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.  The closing date for applications is 31 January 2024.  Only shortlisted candidates will be contacted, and will be expected to make themselves available for interview second week of February. 

  • Download a pdf version of the advert here.

 

[NEWSLETTER] SERI's latest newsletter is out (22 December 2023).

newsletter header 20222

 

This is SERI’s last newsletter for 2023. In it we present a few highlights from our work over the three-month period between October and December.

In this period, we have been involved in a range of legal and advocacy engagements. In litigation, SERI represented unhoused inner city occupiers in Cape Town facing eviction by the Municipality and supported a group called the Greater Chatsworth Emerging Farmers in contesting an eviction application brought against them by the Housing Development Agency. Additionally, SERI has been participating in the Usindiso Building Commission of Inquiry that commenced in late October.

SERI’s advocacy efforts included participation in a Johannesburg demonstration addressing poverty, housing injustice, and xenophobia which saw a turn-out of about 3000 people. SERI also delivered workshops focusing on women's rights, urban agriculture, gender‑based violence, participated in the Extraordinary Civil Society Summit hosted by Kagiso Trust and #CivilsocietyUnmuted in partnership with the Social Justice Assembly and presented at the National Department of Human Settlements Summit.

  • Access the newsletter here

[PRESS STATEMENT] SERI welcomes the ruling on the recusal of Commissioner Makhubela by the Khampepe Commission of Inquiry into Usindiso Building (20 December 2023).

Commission rulingOn Wednesday, 20 December 2023, the Khampepe Commission of Inquiry into the Usindiso Building fire made a ruling recusing Commissioner Adv. Thulani Makhubela from his role within the Commission. The decision came after the Socio-Economic Rights Institute of South Africa (SERI) and the Inner City Federation lodged an application on 28 October 2023, requesting the recusal of Commissioner Makhubela. The basis for this application was a reasonable apprehension of bias against him due to his sustained public support for, and association with, Operation Dudula, a group founded on xenophobic rhetoric.

The application was fully supported by the residents of Usindiso with the Commission’s Evidence Leaders confirming that it is justified considering the undisputed allegations made.

In the ruling, the Chairperson of the Commission of Inquiry, Justice Sisi Khampepe, found that: 

“Commissioner Makhubela has for the past six years on social media expressed a firm view conveying enmity and antipathy towards foreign nationals in general and their undesirability in the City [of Johannesburg] and the country” in that “foreign nationals are responsible for societal ills besetting the country including rampant crime and unemployment.”

The Chairperson was satisfied that Commissioner Makhubela’s sustained public support for, and association with, Operation Dudula, compromised his ability to impartially adjudicate in the Commission's work. Consequently, the Chairperson concluded that there exists a genuine apprehension that Commissioner Makhubela would not approach issues involving foreign nationals and Operation Dudula with an impartial mind, considering his publicly expressed views.

SERI welcomes the Commission's ruling on the recusal of Commissioner Makhubela. The Commission was established by the Gauteng Premier, Mr Panyaza Lesufi, to inquire into the circumstances of the 31 August 2023 fire that caused the deaths of over 70 people and left hundreds more injured and destitute, and to determine, among others, who should be held responsible for the deaths and injuries of those affected by the fire.  

Nomzamo Zondo, executive director of SERI, remarked, 

“We welcome the ruling of the Commission as we believe Commissioner Makhubela’s recusal will ensure the Commission operates fairly, impartially, and in accordance with its Terms of Reference and the rule of law.”

Access the Commission’s ruling here.

Contact details:  

  • Nomzamo Zondo, SERI executive director: Nomzamo[at]seri-sa.org / 071 301 9676
  • Edward Molopi, SERI senior communications and advocacy officer: Edward[at]seri-sa.org / 082 590 9638 

ENDS