Protecting the Right to a Basic Education for Undocumented Learners: An Update from the Legal Resources Centre
(As the current Oxford Human Rights Hub/Rhodes University Travelling Fellow, I’ll be blogging about my experiences at the Legal Resources Centre (LRC) and the Rhodes University Law Faculty for the...
Bringing Back the Death Penalty in South Africa for Crimes Against Women
September is the start of spring in South Africa, marked by warmer weather and blossoming trees. However, this September was marred by brutal xenophobic attacks and lootings, child abductions and...
Blurred Lines: When Free Speech Becomes Hate Speech
On the 27th of August 2019, the South African Constitutional Court (Court) heard its first substantive hate speech case in relation to statements made by Bongani Masuku, as Head of...
Historic South African Silicosis Class Action Settlement Approved
On 26 July 2019, the High Court approved a settlement between 20 goldmining companies operating in South Africa (including African Rainbow Minerals, Anglo American, AngloGold Ashanti, Gold Fields, Harmony Gold)...
Innovative remedies under a flexible Constitution: A view from South Africa
As an undergraduate, the focal point of interest in a case was what happened in court. The judgment, and specifically the ratio; the facts, maybe the arguments from time to...
South African Supreme Court of Appeal Confirms Remedy of ‘Constitutional Remedy’ for Homeless People Whose Property is Destroyed by State
On 3 April 2019, the South African Supreme Court of Appeal (SCA) handed down judgment in the matter of Ngomane & others v City of Johannesburg Metropolitan Municipality & Another...
‘Abortion, Reproductive Rights and the Possibilities of Reproductive Justice in South African Courts’ (2019) U of OxHRH J 88
Asserting individual reproductive autonomy affirms women’s personhood, moral agency, bodily integrity and self-determination, and is foundational to their ability to participate equally in society....
Let’s call ‘conscientious objection’ by its name: Obstruction of access to care and abortion in South Africa
South Africa has one of the most liberal laws on abortion and constitutionally recognizes reproductive rights as human rights. However, data shows important difficulties translating the legal norms into effective...
South Africa decriminalises the private use, possession and cultivation of cannabis
On 18 September 2018, after more than a decade of perseverance by Mr Gareth Prince, his efforts finally saw fruition: the Constitutional Court of South Africa decriminalised the use, possession...
Extending Occupational Health and Safety Law to Informal Street Vendors in South Africa’ (2018) U of OxHRH J 61
Street vendors make city life more vibrant. Providing health and safety facilities contributes to a hygienic environment in public spaces for all.
Makangwane: A Fight for Effective Relief to Historic Injustice
Learners at Makangwane Secondary School in Limpopo, South Africa have for too long been deprived of their fundamental rights to basic education, dignity, equality and the protection of their best...
Is the restitution of land in the ‘public interest’?
In the wake of public hearings taking place around South Africa concerning the Parliamentary motion to review and amend the compensation provisions for the lawful expropriation of land contained in...