By Wayne Ncube | National Director
Introduction
Lawyers for Human Rights (LHR) continues to build on its legacy of advancing justice for vulnerable and marginalized communities across South Africa. This report reflects key developments in strategic litigation, advocacy, and capacity-building initiatives undertaken in the final quarter of 2024. From addressing systemic failures within government institutions to challenging injustices in housing, prisons, sexual offense cases, and the rights of artisanal miners, our work demonstrates the breadth and depth of our commitment to social justice.
Key Cases and Strategic Focus Areas
Systemic Statelessness and Citizenship Cases
LHR remains at the forefront of advocating for the rights of individuals affected by statelessness and systemic barriers to citizenship.
In December 2024, LHR filed a critical case in the Pretoria High Court to address the Department of Home Affairs (DHA)’s failure to implement provisions of the South African Citizenship Act (SACA) 88 of 1995. These provisions safeguard against statelessness and provide pathways to citizenship for children born in South Africa to refugee, asylum-seeking, or stateless parents. LHR seeks both systemic and individual remedies, including the promulgation of regulations to clarify citizenship pathways and the resolution of applications for approximately 400 individuals directly assisted by LHR. This case forms part of the This is Home Campaign, a youth-led initiative amplifying stories of belonging and citizenship.
Another case filed in September 2024 highlights LHR’s feminist litigation strategy. This case addresses the DHA’s refusal to register a South African woman as a citizen, rendering her stateless and unable to access her constitutional rights. Despite the DHA filing a notice to oppose, no substantive response has been filed, and the matter is set to proceed unopposed in April 2025.
In addition, enforcement efforts related to a September 2024 High Court ruling compelling the DHA to unblock identity documents for 142 LHR clients remain ongoing. LHR is negotiating a settlement in response to a recent DHA notice threatening to cancel the IDs of thousands of individuals without due process.
Prison Conditions and Rights of Detainees
LHR has made significant strides in addressing human rights abuses within South African prisons. In collaboration with partner organizations, we filed legal action against the Department of Correctional Services (DCS) to compel the improvement of inhumane conditions at Pollsmoor Prison. These include severe overcrowding, lack of adequate sanitation, and failure to meet basic health care needs. A monitoring report presented in court highlights that conditions within Pollsmoor remain incompatible with constitutional standards, with detainees still suffering under degrading circumstances.
LHR seeks a structural interdict to enforce compliance with court orders, mandating the DCS to provide a concrete plan for alleviating overcrowding and ensuring access to dignified living conditions. This case has sparked national attention, emphasizing the urgent need for systemic reform in the correctional system.
Sexual Offenses and Gender-Based Violence
LHR continues to champion the rights of survivors of gender-based violence through strategic litigation and legal support. In October 2024, LHR successfully challenged the acquittal of a high-profile sexual offense case in the Supreme Court of Appeal. The court overturned the lower court’s decision, citing gross mismanagement of evidence and bias during the trial proceedings.
This victory underscores the importance of judicial accountability in gender-based violence cases. LHR has further expanded its feminist litigation strategy by providing direct legal representation and psychosocial support to survivors in partnership with grassroots women’s organizations. We also conducted a workshop for magistrates on interpreting rape shield laws, aimed at combating secondary victimization in courtrooms.
Land and Housing: Protecting Family Homes
On October 31, 2024, the Johannesburg High Court issued a landmark ruling recognizing a property in Soweto as a family home under South African customary law. LHR represented the Dhlamini family in their battle against an eviction order issued by the property’s current registered owner, who sought to sell the property unilaterally.
The court ruled that the property, occupied by the Dhlamini family since the 1960s, constitutes a family home, preserving the rights of all family members to reside there. The title deed will now include a caveat, preventing any transfer or sale of the property without the family’s collective agreement.
This judgment establishes a crucial legal precedent, affirming the importance of protecting multigenerational homes under customary law and highlighting the need to safeguard vulnerable families from unjust evictions.
Emergency Relief for Artisanal Miners at Buffelsfontein Gold Mine
Pretoria High Court grants urgent interim relief for humanitarian aid
On December 1, 2024, the Gauteng High Court, Pretoria, heard an urgent application brought by LHR on behalf of Mining Affected Communities United in Action (MACUA). The case centers on the life-threatening conditions of artisanal miners trapped underground at the Buffelsfontein Gold Mine following the state’s sealing and blocking of mine entrances as part of “Operation Vala Umgodi.”
The court granted immediate interim relief, ordering respondents, including the Minister of Police and the MEC for Community Safety and Transport Management (North West), to allow community members, charitable organizations, and interested parties to provide food, water, and medication to the trapped miners within two hours of the order being handed down. The court emphasized that this aid must be facilitated without delay to address the miners’ critical humanitarian needs.
LHR 's effort underscores the miners’ right to life and human dignity and affirms that the state cannot use starvation and dehydration—widely recognized as crimes against humanity—as a tool for law enforcement. Whilst the majority of the miners were eventually rescued this was only after a number of them had died of starvation.
Climate Justice and Environmental Rights
LHR continues to address the intersection of human rights and environmental justice through strategic advocacy and litigation. In partnership with civil society organizations, LHR has supported community groups in challenging mining operations that threaten land rights and the environment.
In one case, LHR represents a rural community opposing the expansion of a coal mining project in Mpumalanga. The High Court granted an interim interdict halting the project, citing the failure of the company to consult affected communities and obtain environmental authorizations. This case exemplifies LHR’s commitment to defending the rights of communities disproportionately impacted by environmental degradation and climate change.
Capacity Building and Community Empowerment
LHR has remained proactive in capacity-building initiatives, strengthening grassroots networks and empowering communities to assert their rights.
Conclusion
The final quarter of 2024 has been marked by significant legal victories, ongoing advocacy, and impactful community engagement. From addressing systemic failures within government institutions to protecting the rights of marginalized communities in housing, prisons, and environmental justice, LHR’s work continues to set important precedents for social justice in South Africa.
As we move into 2025, LHR remains committed to advancing the rights of vulnerable individuals and ensuring accountability for systemic injustices. Our collective efforts, supported by partners and donors, underscore the importance of a robust human rights framework in creating a more just and equitable society.
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