South Africa

Primary tabs

Dudley Lee v. Minister for Correctional Services, [2012] ZACC 30

Applicant, Dudley Lee, contracted tuberculosis (TB) while incarcerated in a detention facility under the supervision of the Minister for Correctional Services. Mr. Lee brought a case against the minister in the Western Cape High Court, Cape Town, which found the minister liable for damages suffered by Mr. Lee.

Read more

South Africa: Stop the attacks on the eKhenana Commune

On 6 December 2021, ESCR-Net sent a collective letter to the South African authorities calling on them to stop the ongoing attacks on the eKhenana Commune in Durban, South Africa.

Throughout 2021, at least ten Abahlali basemjondolo leaders from the eKhenana Commune have been criminalized...

Read more

Mahlangu and Another v. Minister of Labour and Others, ZACC 24

At the time of her death, the deceased, Maria Mahlangu, was a domestic worker in a private home in South Africa. Ms. Mahlangu’s daughter and grandchild were financially dependent upon her at the time of her death. Ms. Mahlangu’s daughter asked the Department of Labour for help in the form of compensation under the Compensation for Occupational Injuries and Diseases Act (COIDA) or unemployment insurance benefits. The Department of Labour denied both because Ms.

Read more

Women’s Legal Centre (WLC)

Country: 
South Africa
Working Group(s) / Area(s) of Work: 
Women & ESCR

Ramuhovhi and Others v. President of the Republic of South Africa and Others (Legal Resources Centre (LRC) representing Thokozani Maphumulo as the intervening applicant)

Matodzi Ramuhovhi and Thinamaano Edson Netshituka applied to the Constitutional Court for confirmation of the Limpopo High Court, Thohoyandou’s ruling of invalidity of Section 7(1) of the Recognition of Customary Marriages Act 120 of 1998 (“Recognition Act”). The High Court ruled 7(1) to be invalid because it discriminated against women in polygamous marriages concluded before the Recognition Act on two grounds: (a) gender and (b) race, ethnic or social origin. This same section had been deemed unconstitutional as it related to monogamous marriages in Gumede vs.

Read more

Elizabeth Gumede vs. President of the Republic of South Africa and Others

The Gumedes were married in 1968, before the Recognition of Customary Marriages Act 120 of 1998, which entered into force on November 15, 2000. Section 7(1) of the Recognition Act provided that customary marriages entered into prior to the date of the commencement of the Act (old marriages) were governed by customary law, while section 7(2) provided that customary marriages entered into after the date of commencement of the Act (new marriages) were marriages in community of property. Ms. Gumede was directly affected by Section 7 after Mr.

Read more
17
Dec
2020

Webinar: Building a Feminist Future: Towards a feminist and human-rights-based global social pact on care

...
Read more

ESCR-Net Members Address UN Committee on it's Opening of its Current 2020 Session

"For too long, brutal and illegal evictions have been terrorizing communities, even during a pandemic that requires us to stay at home for public health reasons. We therefore demand an end to all evictions in our cities. We demand an end to all land dispossession, utilities cut offs

...
Read more
29
Sep
2020

Webinar: Racism, Violence and Capitalism

...
Read more

Occupiers of Erven 87 & 88 Berea v. Christiaan Frederick De Wet N.O., (2017), ZACC 18

On 10 September, 2013, the High Court granted an eviction order “by agreement” of 184 unauthorized occupiers from a block of flats where they had been living for periods of up to 26 years. Only four of the 184 occupiers were present at the initial Court proceeding, accompanied by their unofficial ward committee representative, Mr. Skhulu Ngubane. The High Court both ordered the eviction of the occupiers, and, in parallel proceedings, refused to grant a rescission of this judgment. The case before the Constitutional Court was the rescission application.

Read more