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ACTION IS NEEDED
South Africa is undoubtedly serious when it comes to protecting human rights. After all, it is the only country in Africa to legalise same-sex marriage and has a progressive constitution protecting the rights of all who live in it. While all this is true, we realise that implementing what is on paper has sometimes been challenging.
In this Human Rights Day edition, experts and industry leaders weigh in on what is going right and what needs to change. Bury yourself in this issue and discover the barriers that still exist for people with disabilities, how people continue to go hungry in a land of plenty and some shocking statistics from The First South African National Gender-Based Violence Prevalence Study, 2022
This publication identi es the challenges and also focuses on the solutions. Lance Joel, chief operations of cer at the South African Local Government Association, explains why service delivery is not just about infrastructure, but also about dignity, equality and the ful lment of human rights.
Peter Mehlape, chairperson of the South African Medical Technology Industry Association, former Medtronic MD, host of the Off The Clock podcast, and Gibbs Fellow, argues that to achieve universal healthcare, we must re ne policy frameworks, embrace technology and adopt innovative solutions.
It is clear that, as a country, we can never afford to sit on our laurels, expecting those in power to deliver our human rights on a silver platter. Instead, all of us who live in South Africa need to realise that to enjoy our rights, we must remember our responsibilities. If we work together as government, private and civil sectors, our chances of progressively closing the gap between what we aspire for and our lived reality increases.
Busani Moyo EDITOR
Contents
4 LOCAL GOVERNMENT
Access to water, electricity and sanitation is more than just infrastructure; it is a fundamental human right. Yet, service delivery remains unequal with rural and township communities often left behind.
7 FOOD SECURITY
Despite being an agriculturally rich nation, South Africa faces a paradox where millions go hungry daily. We unpack how climate change, economic inequality and food waste contribute to this crisis.
8 PERSONS WITH DISABILITIES
South Africa has made notable progress in recognising the rights of persons with disabilities, yet enforcement remains a major challenge.
10 HEALTHCARE
The promise of universal healthcare remains elusive for many South Africans, particularly those in rural areas. To achieve universal healthcare, we must re ne policy frameworks, embrace technology and adopt innovative solutions.
15 GENDER-BASED VIOLENCE
We ask our experts to respond to the HSRC’s rst-ever South African gender-based violence study exposing deeply ingrained patriarchal beliefs. This article goes beyond the numbers, analysing the societal impact and suggesting strategic changes.
16 LGBTQIA+ RIGHTS
South Africa’s Constitution guarantees equal rights for LGBTQIA+ individuals, yet discrimination remains deeply entrenched.
19 EDUCATION
In the digital age, access to education must go beyond traditional learning – it must include digital literacy and technology-driven skills. South Africa’s education system, however, is still plagued by inequality with underprivileged students struggling to access the tools necessary for future success.
UPHOLDING HUMAN RIGHTS YEAR-ROUND
Law firm Cliffe Dekker Hofmeyr is acutely aware of the impact it can and must make in promoting access to justice and protecting basic human rights. This article highlights some of the work done by the firm’s Pro Bono & Human Rights Practice. By JACQUIE CASSETTE , director and practice head, BRIGITTA MANGALE , director in the practice, ELGENE ROOS and GIFT XABA , senior associates in the practice
Cliffe Dekker Hofmeyr’s (CDH) dedicated Pro Bono & Human Rights Practice commits itself to ercely upholding basic human rights year-round. Our practice specialises in impact litigation and project work cutting across several areas of law with the potential to positively impact countless individuals and communities.
These are just a few of its ongoing cases and projects aimed at addressing a wide range of human rights issues and promoting access to justice.
THE ECONOMIC COST OF DENYING CITIZENSHIP –A CALL FOR RIGHTS-BASED ADMINISTRATION
Denying citizenship to individuals who have lived their entire lives in our country has signi cant and far-reaching repercussions. When trying to exercise their rights under section 4(3) of the Citizenship Act 88 of 1995 (“Citizenship Act”), countless individuals have encountered systemic barriers that obstruct their ability to obtain citizenship and contribute meaningfully to society. Many applicants ght tirelessly for their rights, however, this struggle is not only a quest for identity, but also an economic necessity.
In South Africa, which already faces a skilled labour shortage, the Department of Home Affair’s (DHA) failure to properly implement section 4(3) is not only denying
Jacquie Cassette
people their rights, but also leads to a loss of potential economic contributors and sti es innovation. These bureaucratic inef ciencies only exacerbate our labour shortage crisis, leave many in limbo and diminish economic output, skills development and political participation.
In December 2024, our Practice, in collaboration with Lawyers for Human Rights, launched a legal challenge to confront these injustices. The application aims to address the failure to implement section 4(3) properly. We put forward, among other things, that the section 4(3) regulations published by the Minister of Home Affairs in 2023 were improperly promulgated.
However, even if the court nds that these regulations were duly promulgated, we challenge their constitutional validity averring that they are ultra vires the Citizenship Act.
In addition, we seek a declaratory order con rming that the DHA has failed to ful l its constitutional and statutory duties in implementing section 4(3). This case is not merely about legal compliance; it represents a vital step toward establishing a rights-based administration that recognises the critical role of citizenship in fostering economic and social participation.
Empowering those denied citizenship helps create a more inclusive society, promoting overall prosperity. Our ongoing efforts seek to hold the DHA accountable and illuminate the path for individuals eager to be recognised as integral members of South Africa’s economic and social fabric.
THE IMPORTANCE OF PROTECTING THE RIGHTS OF SOUTH AFRICA’S FUTURE LEADERS
Countless public schools nationwide are crippled by infrastructural de ciencies and inadequacies which, if left unaddressed, will affect and compromise our children’s ability to learn and thrive. Despite their constitutionally enshrined rights, this results in thousands of public school learners being unjusti ably disadvantaged.
The Practice is committed to assisting underserved and disadvantaged learners and communities in accessing and enforcing their right to basic education in terms of section 29 of the Constitution. We appreciate that strategic litigation is but one way to uphold this basic human right and numerous further efforts can be undertaken. Our Practice is mindful that community-based project work can serve as a meaningful and impactful source of empowerment and a means to combat potential rights violations, long before litigation becomes necessary.
Brigitta Mangale
The Practice pursues community project work geared toward promoting a reading culture and boosting literacy levels among South Africa’s children, particularly in our townships. One such initiative is our Build a Library Project, which aims to refurbish and replenish public school libraries in several disadvantaged areas. Having completed the refurbishment of the library at Letare Secondary School in Jabulani, Soweto in early 2024, we adopted Ekuthuleni Combined School in Diepkloof, Soweto as the next bene ciary school in our Build A Library Project. Our goal is to assist Ekuthuleni Combined School set up a revamped, stocked and functioning library by the end of the rst quarter of 2025, and we do so with the support of not only our CDH colleagues, but also that of AON South Africa.
Our Practice acknowledges that reading is fundamental to meaningfully accessing the right to education and therefore has once again partnered with the Mail & Guardian to support Book iBhoni in its annual Tour de Libraries initiative in Soweto – a cycling event aimed at promoting literacy and raising awareness about the importance of reading. This initiative saw a substantial number of books, educational games and puzzles donated to Bethany Primary School (Klipspruit, Soweto) and the Soweto Book Café (Zondi, Soweto) in 2024 and we intend to participate in this initiative again in 2025.
It is through various means of protecting and enforcing the right to education that our Practice contributes to the empowerment of our future leaders, economic contributors and visionaries.
DELICTUAL AND CONSTITUTIONAL DAMAGES –CLAIMS FOR POLICE FAILURE TO PROTECT
The Practice dedicates signi cant resources to contributing to the ght against gender-based violence and femicide (GBVF) in several ways. We not only drive strategic litigation in the interests of our clients and the public, but also engage several of our partner organisations to pursue further ways and means to hold the government and state institutions accountable for their constitutional obligations to the public in ensuring our country is safe for all.
One of the matters run by our Practice under this theme seeks to hold the Minister of Police (Minister) and the South African Police Service (SAPS) to account for the failure to protect a woman under clear – and preventable – threat of GBVF. In this case, we represent the mother and son of a woman murdered by her ex-boyfriend, a man who ought to have been arrested when the deceased rst laid charges against him for kidnapping, rape and assault. Despite having all necessary information available, SAPS failed to effect an arrest, allowing the perpetrator to remain free, gain access to the deceased and murder her. For its of cials’ failures to uphold constitutional
obligations to the deceased, our Practice pursues delictual and constitutional damages against the Minister.
The claim for constitutional damages in this instance seeks payment of a sum of money not only to the plaintiffs, but also in favour of a local women’s shelter so it can increase its capacity to protect and support women who nd themselves in a similar position to that of the deceased. In adjudicating this claim, our courts will no doubt have to balance not only the parties’ legal rights, but also consider the state’s ability to make payment of constitutional damages in our current economic climate. Our economic reality is such that the courts must weigh the state’s capacity to pay damages to individual litigants against the state’s obligations to fund and support structures intended to protect women and girl-children in the position of the deceased.
It is these economic and political realities that a responsible human rights lawyer cannot ignore, and one that our Practice has been careful to incorporate into the construction of this claim.
We consider ourselves privileged to contribute to upholding human rights in these and many other ways, and we look forward to pursuing these objectives for the betterment of individuals and communities in 2025 and beyond. VISIT WEBSITE SCAN THIS QR CODE TO GO TO THE CLIFFE DEKKER HOFMEYR WEBSITE
Elgene Roos
Gift Xaba
BEYOND APARTHEID: A HUMAN RIGHTS APPROACH
TO SOUTH AFRICA’S SERVICE DELIVERY CHALLENGES
A ccess to basic services is not just about infrastructure; it is about dignity, equality and the fulfilment of human rights, writes SALGA chief of operations LANCE JOEL
Three decades into democracy, South Africa can no longer use apartheid as an excuse for the ongoing failure to deliver essential services, particularly in rural areas and areas on the periphery of cities.
While historical injustices have undoubtedly shaped the country’s service delivery landscape, continued neglect of these communities since 1994 constitutes a human rights violation. Access to water, sanitation, electricity and housing is not a privilege; it’s a fundamental right. The reality that millions still live without these services demands urgent, innovative and collaborative solutions.
THE RURAL-URBAN SERVICE DELIVERY DIVIDE
Despite years of policy interventions, the stark disparity in service delivery between urban centres and rural areas has persisted. Many rural municipalities face a paradox. Due to low property values, they cannot raise signi cant revenue from property rates. Yet when they receive government funding, they frequently struggle to spend it effectively due to limited administrative and technical capacity. As a result, funds meant for service delivery often go unspent and are returned to the treasury, further entrenching underdevelopment and inequality. One of the biggest challenges in attracting skilled professionals to rural municipalities is inadequate remuneration and the remote locations of these areas. Municipalities’ hands are tied because they cannot attract better talent by paying higher salaries. Many newly graduated professionals accept jobs in these municipalities to gain experience, only to leave for better-paying opportunities in urban centres once they have built their credentials. This perpetual brain drain weakens the capacity of local governments to plan and implement critical service delivery projects, leaving communities stranded without access to necessities.
STRUCTURAL BARRIERS TO SERVICE PROVISION
Beyond nancial and human resource constraints, physical conditions impede service delivery in some regions. South Africa’s diverse geography presents dif culties such as vast distances between households, rocky terrain that complicates pipeline installation and informal housing structures not built to accommodate internal plumbing.
While these challenges may explain certain limitations, they do not justify the continued failure to nd solutions. The inability to provide basic services directly infringes on South Africans’ constitutional rights.
RETHINKING THE ROLE OF COMMUNITIES AND INNOVATION
A shift in mindset is necessary – one that acknowledges government alone cannot solve all service delivery issues. Communities, the private sector and civil society must actively participate in co-creating solutions. Government must foster an environment that enables community-led initiatives, public-private partnerships and sustainable social enterprises to thrive.
Innovation must also be central to tackling service delivery challenges. South Africa remains tied to outdated models no longer t for purpose. For example, treated wastewater and alternative puri cation methods should be embraced in water-scarce areas. Fire-resistant building materials should be prioritised in re-prone informal settlements where emergency response is challenging. The country must be willing to explore alternative technologies that are cost-effective and suited to the speci c conditions of underserved areas.
ADDRESSING THE CAPACITY DEFICIT
One of the most pressing concerns is the inability of some municipalities to spend their allocated budgets. It is unacceptable that funds meant to improve people’s lives are forfeited due to inef ciency.
National and provincial governments must take proactive steps to support
struggling municipalities. This could include deploying expert task teams to assist with planning and implementation or creating a shared-service model where municipalities lacking capacity can collaborate with more functional ones.
Furthermore, the government must develop strategies to retain skilled professionals in rural areas. Offering incentives, such as housing support, competitive salaries and career development opportunities, could mitigate the talent exodus. Encouraging remote work models for administrative tasks makes it more attractive for professionals to contribute to rural governance without being physically present full-time.
THE PATH FORWARD
Access to basic services is not just about infrastructure – it is about dignity, equality and the ful lment of human rights. South Africa’s current trajectory of service delivery is unsustainable and requires a multistakeholder approach that moves beyond reliance on government alone. Through more vigorous community participation, private sector involvement and innovative thinking, the country can break the cycle of neglect and ensure no one is left behind.
As South Africa celebrates three decades of democracy, it must reaf rm its commitment to human rights by transforming service delivery from a political challenge into a collective responsibility. The question is no longer whether it can be done, but whether we have the collective will to do it.
THE G20 MOMENT: WHY OXFAM NEEDS YOUR HELP
OXFAM is committed to tackling inequality and providing humanitarian aid, but public assistance is needed to help the organisation build a brighter, better future for all
Our world is shifting daily. For many, this rapid transformation brings anxiety and fear. Humans are naturally inclined to nd comfort in the familiar, even when it is awed, rather than embrace the unknown. Explorers – those who dare to navigate uncharted waters – are the exception, not the norm.
Navigating familiar terrain is straightforward because maps and rules guide us. However, today, a handful of powerful individuals seem intent on rewriting – or even discarding – the rulebook on a whim. When established norms collapse, mankind must rely on principles and values to steer it forward.
Oxfam’s guiding principles have always been rooted in human rights. Since its founding in 1942, during the turmoil of World War II, its mission has been to combat hunger and poverty. Notably, Oxfam was not established in the war’s aftermath but amid its destruction and uncertainty. Its work went beyond immediate relief – Oxfam championed values of equality and mutual care, in uencing the emergence of welfare states in post-war Europe.
Today, Oxfam’s mission remains unchanged: addressing the root causes of hunger and poverty. In a world of abundance, inequality is the primary driver of these crises. Tackling inequality and fostering a better future is embedded in Oxfam’s DNA.
Amid multiple global crises, Oxfam continues to provide immediate humanitarian aid and support through community-driven projects, such as women-led food and livelihood initiatives in Southern Africa. At the same time, the global Oxfam confederation pushes for systemic reforms to rebuild the structures that allowed these crises to escalate unchecked.
WAGING WAR ON INEQUALITY
At the heart of Oxfam’s advocacy is the ght against inequality. Every year, Oxfam releases a global inequality report at the World Economic Forum in Davos. The research consistently highlights the dangers of elite pacts – where economic elites fund political campaigns, leading to elected leaders who, in turn, cut taxes for the wealthy. This deprives the state of the essential resources needed to provide
quality education, healthcare and income support for the majority.
Oxfam reports have long warned that inequality fuels instability. When left unchecked, extreme disparities can unleash chaos – a tting description of the crises facing us today.
Oxfam South Africa is actively engaged in the G20, advocating for policies that tax the ultra-wealthy, establish universal basic income and protect the planet from further climate destruction. It also collaborates with global partners to shape sustainable cities in developing countries and ensure that the new global order prioritises the Global South alongside the Global North.
The European Union has been a G20 member since its inception in 1999. In 2025, the African Union will join of cially. Meanwhile, institutions, such as the World Bank and the International Monetary Fund, have long promised to reform but have yet to implement meaningful change. This moment of crisis presents a unique opportunity to build a fairer and more equitable future – one rooted in solidarity, equality and sustainability.
JOIN THE FIGHT
Oxfam has a proud history of standing up for justice. Now, the public is invited to join the organisation in shaping a better tomorrow. Become part of a movement of people and organisations wanting to see real change in the world by Ending Inequality Now! Scan the QR code to learn how you can make a difference.
For more information: www.oxfam.org.za/donate
Over the past few decades, the impressive strides made in agriculture to increase yields and produce enough food to feed the global population is a stark paradox to the number of people who still go hungry each day with as many as 713 million people impacted by hunger in 2023 alone, according to the 2024 State of Food Security Report
The effects of food insecurity are far-reaching, impacting health, equality and general wellbeing, which is why it must remain a priority for governments and policymakers. It is therefore encouraging that food security is one of the focus areas of the Group of 20 (G20), specifically under Task Force 2. South Africa assumed the presidency of the G20 in December 2024 and will continue its presidency until 30 November 2025 under the theme of “Solidarity, Equality, Sustainability”, recognising that individual nations cannot thrive in isolation.
CALL TO ACTION
Wandile Sihlobo, chief economist at the Agricultural Business Chamber (Agbiz), notes: “The South African agricultural sector, as a critical stakeholder in the B20 (the business sector that develops policy recommendations for the G20), will need to outline bold goals as it heads into the G20.” He urges South Africa to pursue deepening agricultural trade: “As a country, we already enjoy deeper access to several G20 economies.” He adds: “Still, prioritising the theme of trade integration and ensuring the current policies of relatively open borders on agricultural trade are maintained is vital.”
In addition, Sihlobo also suggests there should be a strong call for the sharing of knowledge on climate-smart agricultural practices. This is reaffirmed in South Africa’s G20 concept note, which acknowledges the critical relationship between food security and climate change. The note also states that rising food prices due to climate change and other shocks will increase poverty
HUNGER IN A LAND OF PLENTY
Tackling food security in South Africa
To fight hunger and meet the increasing demand for food production within a growing world population, innovation and policy must be aligned, writes ELRIZA THERON
and hunger. It emphasises that in low- and middle-income countries, between 30 and 60 per cent of consumer spending is devoted to food, making price increases devastating for large parts of the population.
NEW OPPORTUNITIES EMERGING
In terms of innovation, thanks to groundbreaking advancements in the broader field of bioengineering – or biotechnology, as it’s commonly known in South Africa –new opportunities are emerging to unlock agriculture’s potential to meet future food goals effectively. Bioengineering applications in agriculture are continually advancing with innovative tools being developed to create cutting-edge solutions.
“THERE SHOULD BE A STRONG CALL FOR KNOWLEDGE-SHARING ON CLIMATE-SMART AGRICULTURAL PRACTICES.”
Chantel Arendse, lead for plant biotechnology at CropLife South Africa, notes that with a growing global population, farmers are under increasing pressure to produce more food using fewer resources, all while safeguarding the environment. She adds that researchers are exploring ways to address this challenge and to enhance crop productivity and biomass by improving photosynthetic systems. Photosynthesis, which converts sunlight into energy and biomass, is vital for plant growth. Using CRISPR technology, she explains, scientists are editing proteins involved in photosynthesis to increase its efficiency, enabling
Fast fact
The G20 Leaders’ Summit takes place in Gauteng on 22 and 23 November 2025.
plants to generate more biomass and, in turn, produce greater quantities of food to sustain us all.
“In terms of climate change, researchers are also using CRISPR tools to edit the genetic code of the crop so that crops are more resilient to withstand harsh environmental conditions such as drought, heat stress and salt tolerance,” she adds.
POLICY RESPONSES
However, innovation and policy must be aligned to meet these increasing food production demands, which is why discussions happening at levels such as the G20 are so important. Africa will especially need to adopt science-based policy responses customised to local requirements to address food production and security challenges.
The task force will therefore look at instruments that can support the food security ecosystem on a regional level, such as regional food baskets, energy and water management, transforming agro-food systems for greater climate resilience and increased productivity, as well as addressing the drivers of food insecurity on a global level.
Wandile Sihlobo
Chantel Arendse
PLACING PERSONS WITH DISABILITIES ON THE AGENDA
WE HAVE RIGHTS, BUT WE NEED ENFORCEMENT
Although South Africa has made substantial progress in recognising the . human rights of persons with disabilities, more political will to enforce . these is needed, writes BUSANI MOYO
There is no doubt that South Africa has made substantial progress in recognising the rights of persons with disabilities (PWDs) through its Constitution, legal protections and institutions such as the South African Human Rights Commission (SAHRC). However, there is no escaping the reality that many PWDs still face barriers to education, employment and public spaces. As technology opens new possibilities, policy reforms seek to remove systemic obstacles, and activism pushes for greater inclusion. We explore how these forces shape a more accessible society and what more needs to be done to turn commitments into lasting change.
THE BARRIERS
Dr Yvette Basson is a senior lecturer at the University of the Western Cape’s Faculty of Law and the author of the paper “Multiple Discrimination Experienced by Women with Disabilities in the Workplace in South Africa”, published in the Law, Democracy & Development Journal. She believes “the primary barrier is the lack of political will to address disability-related issues”. She goes on to say there is very little attention paid to persons with disabilities in any campaigns or programmes run by the national government.
Dr Warren Charles, an industrial psychologist and human resource management lecturer in the Faculty of Business Management at the Cape Peninsula University of Technology,
and a parent to a differently abled son in a wheelchair, born with spina bi da, says the lack of integration of PWDs into mainstream employment, their socioeconomic marginalisation, discrimination and segregation are worrying barriers. He adds that this “lack of integration into mainstream employment is a result of conceptual, infrastructural, managerial and organisational issues”.
THE PROGRESS
While the barriers need to be acknowledged, it is also vital to recognise the areas of signi cant progress in advancing disability rights in recent years. Dr Basson observes that “efforts to further disability rights in South Africa have been advanced primarily by nongovernmental/nonpro t organisations”. She names Utho Ngathi, Disability Connect and the South African Disability Alliance as examples of organisations driving progress in advancing disability rights. However, she laments: “Without the clear backing and nancial support of government their impact is unfortunately limited.”
On the legislative front, Dr Basson identi ed the South African Law Reform Commission as the organisation active in driving the rights of PWDs. She says this commission is born from the realisation that “a national Disability Act is imperative to ensure the rights of persons with disabilities are properly recognised and protected”.
Industrial psychologist and human resource management lecturer Dr Warren Charles identified papers and policy documents that have significantly impacted the advancement of people with disabilities on the South African public agenda.
• United Nations (UN) International Convention on the Rights of Persons with Disabilities (2006).
• The Rights of Persons with Disabilities White paper (2016).
• Post-School Education and Training White paper (2014).
• The Strategic Policy Framework on Disability for the Post-School Education and Training System (Department of Higher Education and Training).
• The Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA).
• The Constitution of the Republic of South Africa (1996).
• The South African Human Rights Commission has a commissioner dedicated to focusing on persons with disabilities.
TOWARDS GREATER EQUALITY AND INCLUSION
Dr Charles believes there is no “need for more policy changes as the existing policies are suf ciently thorough to understand what needs to be done to advance people with disabilities”. He suggests the answer lies in enforcing the policies already in place.
Dr Basson says she “would like to see the creation of a separate ministry for persons with disabilities. Its only aim and goal being to promote and advocate for the rights of persons with disabilities”.
READ
MULTIPLE DISCRIMINATION EXPERIENCED BY WOMEN WITH DISABILITIES IN THE WORKPLACE IN SOUTH AFRICA
Follow: Dr Yvette Basson www.linkedin.com/in/yvette-basson-94287075
Dr Warren Charles www.linkedin.com/in/warren-charles-24967547
Dr Yvette Basson
Dr Warren Charles
DEFENDING HUMAN RIGHTS, STRENGTHENING OUR DEMOCRACY
A trusted advocate for human rights, Legal Aid South Africa plays a critical role in South Africa’s democracy. By NTSUMBEDZENI NEMASISI , national operations executive and acting chief legal executive
LEGAL AID
SA HAS A STRONG
Legal Aid South Africa (Legal Aid SA) is a leader in both the public sector and the global legal aid community, setting a benchmark for excellence and sustainability.
The organisation is committed to advancing access to justice and championing human rights through sound nancial management, good governance and a humanistic workplace that prioritises the development and wellbeing of its staff.
While Legal Aid SA is widely known for defending the constitutional rights of individuals in criminal matters – ensuring fair trials and the presumption of innocence – it also plays a critical role in civil and land rights cases. The organisation offers essential legal assistance, ensuring individuals can access a fair hearing to resolve disputes. Additionally, Legal Aid SA provides a toll-free legal advice service, available to all who need information.
These service offerings align to ful l the entity’s mission of remaining a leader in the provision of equal access to justice to indigent and vulnerable persons by rendering quality legal services.
In 2023–2024, Legal Aid SA assisted 586 541 people. This gure comprises 324 568 new criminal matters; 47 041 new civil matters; 1 282 new land matters; and legal advice provision to 213 650 people.
The organisation’s mixed model delivery system sees internal legal practitioners handling 97 per cent of matters. The remaining three per cent of matters are allocated to external partners, highlighting the importance placed on stakeholder relationships.
TRACK
RECORD OF PERFORMANCE
EXCELLENCE, ALWAYS WORKING TOWARDS MAKING THE CONSTITUTION A LIVING DOCUMENT FOR ALL.
SUPPORTING MARGINALISED COMMUNITIES
In its ongoing pursuit of wider impact, Legal Aid SA has a Strategic Litigation Unit, which handles and funds landmark cases that promote the rights of marginalised communities. It provides the opportunity for Legal Aid SA to undertake and/or fund litigation or other legal work that can have a signi cant impact on a group or segment of people or has the potential to have a far greater reach than for one individual client.
PURSUING LAND JUSTICE
In response to the pressing need for land justice, Legal Aid SA’s Land Rights Management Unit provides legal representation, mediation and advice to rural farm occupiers, labour tenants and land restitution claimants facing unlawful eviction and land rights violations. These issues severely affect their dignity, with basic human rights being compromised.
A TOP PERFORMER
Legal Aid SA has a strong track record of performance excellence, always working towards making the constitution a living document for all. The entity achieved 94 per cent of its business plan 2023–2024 objectives, attained its 16th consecutive clean audit outcome and 23rd unquali ed audit opinion from the Auditor-General South Africa. In January 2025, Legal Aid SA was named a Top Employer South Africa for the 16th successive year.
As a trusted guardian of human rights, Legal Aid SA is a critical role player in South Africa’s democracy. The daily work of the organisation’s committed staff af rms the democratic values of human dignity and equality.
TACKLING THE INEQUALITIES
To achieve universal healthcare, we must refine policy frameworks, embrace technology and adopt innovative solutions. By PETER MEHLAPE,
South African Medical Technology Industry Association chairperson, former Medtronic MD, host of the Off The Clock podcast and Gibbs Fellow
Across South Africa, health disparities remain stark. While urban centres bene t from advancements in healthcare infrastructure, millions in rural areas and underserved communities still lack access to basic healthcare. The persistence of maternal mortality and preventable diseases underscores the urgency of addressing these disparities.
Socioeconomic status plays a decisive role in determining access to quality healthcare. Those with higher education and well-paying jobs can afford medical aid and out-of-pocket healthcare expenses. At the same time, low-income communities in rural areas and townships are left to contend with long queues in public hospitals, resource shortages and overburdened healthcare workers. Undocumented foreigners, often unaccounted for in of cial census data, further strain an already overstretched public healthcare system.
A MULTIFACETED APPROACH IS REQUIRED
Faced with these stark realities, maintaining the status quo is not an option. Achieving health equity requires a multifaceted approach that includes harnessing technology, shaping policies, improving education and training and confronting structural imbalances head on.
South Africa’s National Health Insurance (NHI) policy aims to provide universal healthcare and eliminate nancial barriers
to access. While the vision is commendable, critical concerns remain regarding its feasibility. The NHI’s success hinges on improved healthcare infrastructure, enhanced workforce capacity and effective nancial management. To avoid exacerbating inef ciencies in the public sector, there must be a deliberate effort to balance public and private healthcare integration while ensuring that corruption and mismanagement do not derail progress.
Innovative solutions, such as telehealth and remote patient monitoring, are at the forefront of healthcare transformation. These technologies break geographical barriers, lower healthcare costs and enable specialists to reach even the remotest corners of the country. However, technology alone is not a panacea. Building trust between doctors and patients is crucial, as is ensuring robust digital infrastructure.
THE CHALLENGES AND SOLUTIONS
The paradox remains that rural regions needing telemedicine often suffer from poor connectivity. International players, such as Starlink and other satellite providers, could help bridge this gap by making affordable internet access a standard rather than a luxury. Expanding broadband infrastructure to rural areas must be a national priority to support these digital healthcare initiatives.
The shortage of healthcare professionals in underserved areas is another pressing challenge. South Africa should consider expanding medical education by establishing
ACHIEVING HEALTH EQUITY REQUIRES A MULTIFACETED
medical schools in every province. This would increase the number of healthcare professionals and improve the distribution of specialised medical expertise.
Additionally, the private sector is investing in new hospitals, which can improve access to quality care over time. However, training and retaining skilled professionals remain crucial as many healthcare workers leave for better opportunities abroad. Incentivising medical professionals to work in rural and township settings through competitive salaries, career development programmes and improved working conditions could help address this imbalance.
Achieving health equity requires continuous monitoring and evaluation. Key metrics include life expectancy, infant mortality rates and public health awareness. People who receive quality healthcare tend to live longer, and reducing infant mortality is a clear indicator of improved maternal and child healthcare. Public education on preventative healthcare and lifestyle choices should also be emphasised to encourage frequent medical checkups and early disease detection.
Despite its challenges, South Africa remains a leader in medical expertise on the continent. The country boasts some of the best doctors and healthcare innovations, but these resources must be accessible. To achieve universal healthcare, we must re ne policy frameworks, embrace technology and adopt innovative solutions. Healthcare managers and policymakers must think outside the box, prioritise patient-centric approaches and foster partnerships between government, the private sector and civil society.
Health for all is not just an aspiration; it’s a human right. By addressing systemic barriers,
leveraging innovation and fostering collaboration, we can move closer to a future where every South African – regardless of socioeconomic status – has access to quality healthcare. The time for action is now.
Peter Mehlape
INEQUALITY: THE GREATEST THREAT TO HUMAN RIGHTS AND DEMOCRACY IN SOUTH AFRICA
As South Africa commemorates Human Rights Day, it is worth taking stock of the gains in achieving universal rights for all and the threats standing in the way of its attainment. By BONGIWE NDONDO, HLANGANISA, EXECUTIVE DIRECTOR
Despite being one of Africa’s largest economies, South Africa remains the most unequal society in the world, according to a World Bank Group report. Economic disparities, racial divides and systemic exclusion continue to fester, threatening not only social cohesion, but also the foundation of our democracy. The worsening gap between the wealthy elite and the struggling majority mirrors global trends, yet South Africa’s unique history and socioeconomic context make the threat even more pressing.
South Africa’s inequality is among the highest globally, with a Gini coefficient of 0.63 – indicating severe wealth and income
disparity. According to an Oxfam report, in South Africa, the combined wealth of six billionaires increased by $4.1-billion in 2024, translating to $11-million a day. This while more than 60 per cent of South Africans live in poverty, while unemployment remains alarmingly high at over 32 per cent.
AN EVER-WIDENING WEALTH GAP
In terms of wealth, the top 0.1 per cent owns 25 per cent of the wealth. This unequal distribution of resources impacts the delivery of essential services that are the building blocks of a dignified life, including adequate housing and sanitation, access to quality health and education and economic inclusion.
Globally, there is an alarming surge in inequality and the repercussions are playing out in the political landscape. From the rise of populist movements in the United States and Europe to mass protests in Latin America and Asia, economic disparities are fuelling unrest and weakening democratic institutions. The erosion of the middle class, coupled with a growing wealth concentration at the top, has resulted in political polarisation, social www.unequalscenes.com/johannesburg
The social and political consequences of this inequality are dire. The global rise in right-wing politics is partly due to a disillusioned working class feeling left behind as income and wealth gaps widen. However these right-wing politics threaten to maintain and, in some instances, worsen the status quo.
fragmentation and declining trust in governance structures.
Similarly, the United States continues to grapple with economic policies that favour corporations and the wealthy while millions of citizens struggle with basic needs. Within the EU, the recent rise of far-right movements re ect growing public discontent over economic stagnation, energy insecurity and political apathy of the middle class.
In Kenya, protests against new taxation policies have demonstrated the frustration of citizens burdened by a widening wealth gap. In Nigeria, economic inequality has also fuelled instability. The rise of extremist groups such as Boko Haram has been linked to widespread poverty and lack of economic opportunities, particularly in the northern regions. When citizens feel abandoned by the state and lack access to basic services, they become more susceptible to radicalisation and violence. The Nigerian government’s struggle to address these economic disparities has only deepened
the crisis, reinforcing the link between inequality and national security threats.
A TICKING BOMB
Inequality is more than an economic issue; it is a political time bomb. Countries with high inequality often experience erosion of democracy, where the majority of citizens feel excluded from economic participation, disengaging from political processes, leading to voter apathy or susceptibility to populist leaders.
Increased social unrest, protests, riots and strikes become more frequent in highly unequal societies as citizens demand better living conditions. Weak governance structures emerge as governments in highly unequal societies often struggle with legitimacy as public trust declines due to perceived corruption, nepotism and inef ciency.
POLITICAL INSTABILITY
In South Africa, the July 2021 riots, triggered by former President Jacob Zuma’s arrest, were more than just a political event; they were a manifestation of deep-rooted economic despair. The unrest resulted in over 350 deaths, billions of rands in damages and a stark warning: when economic exclusion reaches a tipping point, social stability risks collapse. The ongoing power crisis, corruption scandals, and governance failures further exacerbate public frustration, eroding trust in leadership and democratic processes.
The growing inequality crisis is thus a direct threat to South Africa’s political stability, social cohesion and the attainment of basic human rights. If left unaddressed, we risk descending into deeper polarisation and socioeconomic instability.
RIGHTING THE WRONG
What can be done to address further polarisation and instability?
We must adopt more redistributive policies to create more people with a vested interest in the economy, more people with something to
lose and therefore something to defend. For example, the slow pace of land distribution could result in a more chaotic land occupation process threatening a small minority of land barons. However, fast-tracking land distribution will likely result in more citizens vested in an orderly land redistribution programme.
We need to leverage the demographic dividend through intentional skills development programmes that promote the economic inclusion of more young people. An example is expanding our apprenticeship and vocational training to produce tradesmen and women able to make a living while contributing to the economy. This will fortify the middle class and create greater economic prospects for more citizens.
Lastly, we must guard against the rising in uence of ultra-high-net-wealth individuals and corporations in our democratic processes. Globally, we are seeing a rise in oligarchs whose economic power has translated into unchecked political power. In South Africa, the past few decades have been characterised by greater in uence of capital in both intra- and inter-party politics and elections. This could lead to a narrow agenda that perpetuates inequality, undermines our democracy, weakens social cohesion and threatens basic human rights.
The Human Sciences Research Council (HSRC) released the rst-ever South African gender-based violence (GBV) study in November 2024. It paints a grim picture of the gender norms governing the country despite South Africa having one of the most progressive constitutions in the world. It reports that about 70 per cent of men agree that a woman should “obey” her husband. A further 23 per cent believe a woman cannot refuse sex with her husband. These shocking statistics represent the tragedy that is a reality for millions of South Africans.
Referring to the study, Dr Janine Brooker, specialist psychiatrist and member of the South African Society of Psychiatrists (SASOP), says: “I think we are all deeply aware of the extent of gender-based violence and how devastating it has been on women and children.”
Brooker explains that while the study correctly focuses on victims and perpetrators, what stood out to her were the male victims, particularly boy-child victims. She speci cally points out: “Nearly 14 per cent of the men surveyed admitted to having been sexually assaulted in their childhood, and often by other males.”
Even though she may have expected the existence of male victims, Brooker indicates she didn’t expect the proportion to be as high as reported in the study. “These are exceptional ndings that really can start to talk to some of the driving forces about this vicious cycle of gender-based violence that we see in our country.
“It’s really important that we start to focus on the child victims of gender-based violence and child witnesses of gender-based violence so we can break the cycle. That’s not to say that adult victims aren’t important, but we need to look at this over a lifespan.”
NO NEW INSIGHTS
Sis’ Mantoa Selepe is a gender equality activist and the director of AbafaziPhambili, a nonpro t organisation that empowers women trapped in patriarchal-dominated homes or communities. She scrutinised the report over several days and concluded that it offered no new insights.
By MARCHELLE ABRAHAMS
Unpacking a response to the HSRC’s gender-based violence study.
“IT’S REALLY IMPORTANT THAT WE START TO FOCUS ON THE CHILD VICTIMS OF GENDER-BASED VIOLENCE AND CHILD WITNESSES OF GENDER-BASED VIOLENCE SO THAT WE CAN BREAK THE CYCLE.” – DR JANINE BROOKER
Selepe believes the report overlooks the additional impact of macroeconomic policies on GBV. She uses the example of how interest rate hikes disproportionately affect vulnerable communities reliant on social grants. Women become more nancially reliant on men, increasing the likelihood of intimate partner violence, she argues.
Selepe also questions the study’s methodology. Participants were given incentives: R50 store vouchers and R30 referral airtime vouchers. “These vouchers may have led them to overly exaggerate their responses to appease the research question.”
The study found that 35.5 per cent (7 847 438) of women were victims of physical and sexual violence in their lifetime. An advocate for the emancipation of the most vulnerable women, Selepe suggests the national government should “establish holding facilities for perpetrators of intimate partner violence” instead of providing shelters for women and children.
The report strongly advised developing more effective prevention and intervention strategies such as strengthening policymaking and continued collaboration across all sectors.
Sis’ Maontoa Selepe
Referring to the recommendations, Selepe agrees to an extent, saying: “Instead of duplicating efforts by developing exhaustive and expensive policies, South Africa should focus on raising awareness about existing policies.”
Dr Brooker is cautiously optimistic: “We have to start
from a place of knowledge and data to think about interventions. Understanding the extent of the problem and understanding who the victims of gender-based violence and who the perpetrators of gender-based violence are and where and what they come from may be some of the driving factors in such incredibly important work.”
The stats
• 1.5 million women reported physical and/or sexual violence.
• 11.9 per cent of men agreed that if a woman does not physically fight back, it isn’t rape.
• 10.7 per cent of men believe women should tolerate violence to keep their families together.
• The report surveyed 10 012 people from around the country – 5 603 women and 4 409 men.
SOURCE: THE FIRST SOUTH AFRICAN NATIONAL GENDER-BASED VIOLENCE STUDY 2022, CARRIED OUT OVER 12 MONTHS IN 2022.
While South Africa’s legal framework protects LGBTQIA+ individuals, their lived experiences reveal that much more needs to be done, writes Professor CAMERON MODISANE , deputy executive dean: College of Accounting Sciences at UNISA
The lesbian, gay, bisexual, transgender, queer/questioning, intersex and asexual (LGBTQIA+) community in South Africa continues to be afforded legal protection under the Constitution, which stands as a progressive milestone globally. South Africa’s Constitution is the first in the world to expressly prohibit unfair discrimination based on sexual orientation, thereby ensuring equality for the LGBTQIA+ population. Despite this constitutional safeguard, individuals within this community continue to face daily struggles.
Section 9(3) of the South African Constitution firmly establishes the principle that discrimination on the grounds of sexual orientation is unconstitutional. It articulates that “everyone is equal before the law and has the right to equal protection and benefit of the law”. The provision further asserts that the state may not discriminate unfairly, either directly or indirectly, on various grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
THE REALITY
While the legal framework in South Africa offers protection to LGBTQIA+ individuals, their lived
experiences on the ground remain starkly different. Within the broader African context, the lifestyles of LGBTQIA+ individuals are often perceived as unnatural and morally inferior, a view reinforced by religious communities, societal norms, family structures and, at times, workplaces.
Discrimination against LGBTQIA+ individuals is widespread with numerous African nations enacting laws that criminalise same-sex relationships. As of recent reports, 33 out of 55 African countries impose legal penalties, including imprisonment, on individuals engaged in same-sex relationships.
THE FALLOUT
The political climate in Africa has also seen a resurgence in antigay rhetoric and legislative actions, undermining the significant progress made in combating the HIV epidemic. Such actions threaten public health and individual wellbeing, particularly in countries with high HIV burdens. Antigay laws correlate with increased HIV rates, particularly among men who have sex with men. These developments have profound implications for public health interventions, including the distribution of life-saving treatments such as antiretrovirals, pre-exposure prophylaxis and post-exposure prophylaxis.
The interruption of funding from international agencies, such as USAID, which previously supported HIV programmes catering to LGBTQIA+ populations, further exacerbates the issue. These funding halts hinder the continuation of critical health services. Consequently, the responsibility now falls upon the South African government and society to step in and sustain these vital health programmes that are essential to the wellbeing of LGBTQIA+ individuals.
Religious communities, particularly conservative factions, also contribute to the marginalisation of LGBTQIA+ persons. On many occasions, religious fundamentalists equate the sexual orientation and lifestyles of LGBTQIA+ individuals with other forms of sin such as murder, theft and adultery. This comparison reflects the broader societal condemnation faced by LGBTQIA+ individuals, who are subjected to violence, including “corrective rapes,” hate crimes and various forms of physical and psychological abuse. These acts are not only egregious violations of human rights, but also infringe upon the fundamental right to live free from discrimination based on sexual orientation.
SAFEGUARDING THE RIGHTS
The socioeconomic marginalisation of LGBTQIA+ individuals remains pervasive with members of this community routinely denied equal economic opportunities, access to healthcare and social inclusion. This widespread discrimination extends across various societal spheres, including family structures, workplaces and social environments. The rights of LGBTQIA+ persons must be safeguarded to ensure their access to healthcare, employment and other essential services is free from victimisation and oppression.
To address these ongoing challenges, it is essential that influential leaders – within South Africa and globally – take a firm stance against the discrimination of individuals based on sexual orientation. Support for LGBTQIA+ advocacy organisations is critical as these groups continue to provide essential services, raise awareness and give voice to those whose rights are often overlooked. Only through continued advocacy and support can meaningful change be achieved, ensuring that LGBTQIA+ individuals are not only protected by law, but also afforded the dignity, respect and equality they deserve in all facets of life.
Follow: Professor Cameron Modisane www.linkedin.com/in/cameronmodisane
Professor Cameron Modisane
Berenice’s journey into heroin use was a desperate attempt to silence the pain and sadness stemming from a traumatic past. “I was sexually abused and experiencing dif culties in my family and home life,” shares the 37-year-old mother of three from Mitchell’s Plain.
Heroin became both a friend and an enemy, offering temporary con dence while simultaneously robbing her of a ful lling life. “It numbed all my pain and sadness,” she says. Trapped in abusive relationships and the constant struggle for survival, on the darkest nights Berenice would crawl and hide, fearing for her safety. “It was really tough, I couldn’t be the mother I wanted to be, and my kids were suffering because of it.”
WHEN ENOUGH IS ENOUGH
Harm reduction and a rights-based approach support public health and gets lives back on track, writes Bongiwe Mhlongo, communications specialist at NACOSA, a networking organisation that partners with communities for better health in Southern Africa
The way out for Berenice was a harm reduction programme for people who use drugs. It is a holistic approach that recognises that people and communities need support at all levels for things to change. “We are not judged, they understand that it’s a process and know it’s a struggle. There’s always someone willing to listen and talk to when you need them.”
“What I like about the programme is that they never pressured us to get clean immediately.” Instead, Berenice was offered opioid substitution therapy, also known as methadone. “When you’re on your methadone, you wean yourself off, and eventually, you become clean.”
HELPING OTHERS
What makes Berenice’s story remarkable is her commitment to giving back. Now a peer eld worker, she works with the homeless and others struggling with dependency. “I wanted to give back and I know I came from there, so I know there’s some way I could help somebody, even if it’s just one person.”
Her story shows how trauma from human rights violations can almost destroy a person’s life, but also how a rights-based approach can help turn lives around.
Harm reduction strategies reduce the harm associated with drug use to people and the community. NACOSA’s People Who Use Drugs programme works through TB HIV Care, an implementing organisation in Cape Town, offering harm reduction services and support, education, human rights advocates who document abuse and provide access to legal services, and a communitybased approach that puts people rst. The programme, funded by the Global Fund, also plays a critical public health role by reducing the transmission of HIV, TB and hepatitis. Operating in four urban centres across the country, NACOSA’s programme advocates for the expansion of harm reduction services and changes in policy and society to give hope to more people like Berenice.
Despite multiple attempts at rehabilitation, the root cause of her struggles remained unaddressed. “I attended rehab programmes, went back home, and everything would be ne, but I would relapse over and over again because we never dealt with the trauma.”
A WAY OUT
Berenice’s role involves connecting with the homeless community, offering support and guiding individuals toward shelters and harm reduction support. Berenice believes in the importance of respecting the rights and dignity of every individual, regardless of their circumstances.
Berenice’s story has a happy ending. She has been reunited with her children and is in a healthy relationship: “I’m happy today. I’m clean, I’m young, giving back to the people who are struggling with addiction and the homeless community. It’s amazing and I want to tell those out there who are struggling, ‘you know when it’s enough’.”
“I kept trying because I knew the miracle was going to happen. I told myself: it’s either the miracle happens or drugs will kill me. But I didn’t want to die like that. I kept that hope alive in myself, although there were many times I didn’t see a way out.”
“I WOULD RELAPSE OVER AND OVER AGAIN BECAUSE WE NEVER DEALT WITH THE TRAUMA.”
For more information: www.nacosa.org.za
Berenice gives back to her community as a field worker.
NACOSA provides harm reduction services.
BRIDGING THE DIGITAL DIVIDE:
EDUCATION INEQUALITY AS A HUMAN RIGHTS ISSUE
Education is a fundamental human right. In the digital age, this right must include equitable access to future-ready skills. By Professor MAMOKGETHI PHAKENG , influencer, businesswoman and 10 t h vice chancellor of the University of Cape Town
Every child in South Africa has access to schooling regardless of their background. However, what we have is equal access to unequal education. This disparity manifests in two key dimensions: the quality of education and access to digital skills training. A child in a well-resourced urban school is immersed in technology, using interactive whiteboards, learning coding and engaging with artificial intelligence-assisted learning. Meanwhile, a child in a rural, underfunded school may complete 12 years of schooling without ever using a laptop or understanding basic digital tools beyond social media on a second-hand smartphone.
that all students reach the same level of proficiency. In this way, universities act as a microcosm of the society we should strive for – where everyone, regardless of background, receives the same educational opportunities. However, the higher education system in South Africa is failing to accommodate all qualifying students. Thousands of young people, including those from wealthy backgrounds, are turned away, not due to affordability or lack of qualifications, but because universities lack capacity. This exclusion disproportionately affects marginalised communities where alternative options, such as private colleges, international study or family business support, are not viable.
By transforming TVET curricula and integrating emerging technologies, South Africa can empower its youth with the tools to drive economic growth and innovation.
THE FUTURE-READY SKILLS GAP: A BARRIER TO ECONOMIC INCLUSION
The global economy is shifting towards artificial intelligence, green energy, blockchain and cybersecurity. Yet, South African universities have slowly integrated these disciplines into their curricula. Even if these courses were widely available, the same issue persists – universities cannot accommodate all the students who need them.
Marginalised youth are thus locked out of acquiring the skills necessary to participate in the future economy. This exclusion is not just a developmental issue, but also a human rights concern. The right to education must extend beyond traditional schooling, including access to skills that ensure economic participation. Without this, millions remain at risk of permanent social and economic marginalisation.
RETHINKING SKILLS DEVELOPMENT: A MULTISECTOR RESPONSIBILITY
This inequality is not just a matter of economic disparity; it violates the fundamental right to quality education, enshrined in the South African Constitution and international human rights frameworks. Without access to digital skills, children from disadvantaged backgrounds face structural barriers that hinder their ability to compete in a rapidly evolving digital economy.
HIGHER EDUCATION: A TEMPORARY EQUALISER, BUT NOT FOR ALL
Tertiary education has the potential to level the playing field. Universities provide equal access to digital literacy training, often starting students from scratch, regardless of their prior exposure. Some institutions, such as the University of Cape Town, offer tutors to ensure
Young people from disadvantaged backgrounds struggle to secure formal employment without higher education and digital literacy. They remain trapped in poverty cycles, unable to break into industries requiring future-ready skills. Meanwhile, their wealthier counterparts have multiple pathways to success, including entrepreneurship, study abroad and financial inheritance. This systemic failure perpetuates and widens socioeconomic disparities at an alarming rate.
To meet modern industry demands, Technical and Vocational Education and Training (TVET) colleges must also be reformed. Currently, many TVET programmes focus on outdated disciplines with limited job prospects. Graduates must be equipped with practical skills such as 3D printing, advanced manufacturing, renewable energy installation and computer programming.
Solving this crisis requires a radical shift in our education and skills training thinking. Universities alone cannot address the digital skills gap. Government, the private sector and civil society must collaborate to provide alternative learning pathways.
Tech giants and corporations, such as Takealot, Huawei, Vodacom and Amazon, already possess the resources and expertise to drive digital literacy initiatives. They should partner with government and universities to design and deliver accessible, practical training courses. For instance, a zero-rated online coding boot camp could be created for matriculants unable to secure university placement. Companies could lend laptops to participants and, upon course completion, offer internships or entry-level roles.
Such initiatives are feasible and require only the political and corporate will to implement them.
DIGITAL ACCESS IS A HUMAN RIGHT
Education is a fundamental human right, and in the digital age, this right must include equitable access to future-ready skills. The current system, which excludes marginalised youth from digital literacy and higher education, is a systemic failure that perpetuates inequality.
Follow: Professor Mamokgethi Phakang www.linkedin.com/in/mamokgethiphakeng
Professor Mamokgethi Phakeng
Responding to the demands of our time: Building knowledge, skills and community engagement
The SCHOOL OF LAW at the University of KwaZulu-Natal offers various tertiary qualifications in the legal field and is a staunch supporter of human rights, offering legal assistance through its centres and clinics
The University of KwaZulu-Natal (UKZN) School of Law offers students several teaching and research programmes and provides quality civil legal aid services across its two campuses.
LLB DEGREE
The School of Law at the Howard College and Pietermaritzburg campuses offers a four-year LLB degree – equivalent to an honours qualification. The degree exposes students to a wide range of areas in the legal field. Studies not only focus on developing the substantive knowledge and legal skills of students with considerable emphasis placed on social justice issues, but also provide students with opportunities to give back to other students and the community at large.
Modules, such as Human Rights Law and Constitutional Law, provide students with a deep understanding of the constitutional
framework, the international human rights system and the philosophical underpinnings of human rights. The LLB degree includes several public interest modules, such as Street Law and Clinical Law, providing students with the opportunity to create constitutional literacy and human rights awareness across a myriad of community spaces – from Correctional Services centres and local high schools to informal settlements and among street traders and homeless people. The UKZN School of Law LLB degree develops well-rounded students equipped with the knowledge, skills and experience to address the legal and rights challenges encountered by society.
RESEARCH AND HIGHER DEGREES
The School of Law offers a dynamic postgraduate experience, featuring nine specialised Coursework LLM programmes in Medical Law, Labour Law, Advanced Criminal
THE SCHOOL FOSTERS A VIBRANT RESEARCH CULTURE THROUGH 11 RESEARCH INTEREST GROUPS, WHICH BRING TOGETHER SCHOLARS WORKING ON KEY LEGAL THEMES.
Justice, Constitutional Theory and Litigation, Business Law, Environmental Law, Child Care and Protection, Maritime Law, and Tax. These programmes are led by distinguished and expert academics and equip students with a competitive edge to succeed in their careers. The academic staff also provide doctoral supervision, supporting cutting-edge research that advances legal scholarship.
Additionally, the school fosters a vibrant research culture through 11 research interest groups, which bring together scholars working on key legal themes such as Access to Justice, Children’s Rights, Criminal Justice, Constitutional Law, Health Law and Ethics, International Law, Legal History, Labour Law, Commercial Law and Alternative Dispute Resolution, Teaching and Learning, and the
A choice of two campuses – The UKZN Law School can be found on the university’s Howard College and Pietermaritzburg campuses.
Navi Pillay Research Group. These groups serve as hubs for innovative legal research, providing opportunities for knowledge creation, contributions to scholarly publications and policy advocacy, and participation in webinars, conferences and speaking engagements.
CHILDREN’S RIGHTS
The interdisciplinary LLM and MPhil Programme in Child Care and Protection brings together practitioners and stakeholders from the justice, social work, education and other sectors to nd innovative solutions to challenges facing children. From child justice, the impact of the climate change crisis and child protection in the home, schools and community spaces to dire humanitarian concerns facing children on the continent and further a eld, among other topical issues with a focus on South Africa and the Global South, this masters’ programme is unique in South Africa. Its singularity is primarily due to its interdisciplinary nature and the
COMMUNITY ENGAGEMENT
The School of Law partners with a broad range of external stakeholders key to integrating the school’s research, teaching and learning with the needs of industry, communities and state institutions. This takes the form of linking students with attorney firms, legal advisors to industry, community social justice movements and government stakeholders so students experience and appreciate the practical application of the law and are exposed to practitioners and their work in these fields.
Academic staff also partner with research institutions, the community and state stakeholders to develop research projects that respond to pressing issues confronting South Africa, build knowledge, develop models for dealing with current challenges and contribute towards policy development and activism in these fields. This includes issues, such as law reform, immigration and refugee challenges, new applications in the medico-legal terrain, surveillance and privacy rights, and the integration of traditional courts into South Africa’s legal system, among others.
UNIVERSITY
student-led and integrative pedagogy employed to ensure the child protection and rights issues covered are contemporary problems and solution-driven with input from multiple disciplinary perspectives.
ENVIRONMENTAL RIGHTS
In the school’s environmental law teaching and research programmes at undergraduate and
LAW CLINICS
The UKZN Law Clinics at the Howard College and Pietermartizburg campuses have been offering quality civil legal aid services to the indigent, and practical legal training to final-year LLB students for over 50 years. Examples of legal matters conducted include claims, consumer issues, payment of benefits, equality court matters and family law, for example, divorce and domestic violence.
The Law Clinic assists clients from its campus offices and through various periodic outreaches at venues such as Chesterville Community Centre, the Denis Hurley Centre and TAFTA, among others. Pietermaritzburg LLB students undertaking clinical legal studies learn legal skills in a clinical context by dealing with clinic clients and their legal problems.
By assisting clients, the clinic achieves its secondary purpose of providing access to justice to members of the indigent community.
The law clinics operate as fully-fledged public interest law firms and are committed to assisting the most vulnerable and disadvantaged by providing them with legal relief.
For more information: Pietermartizburg campus: 4 Golf Road, Scottsville, Pietermaritzburg 033 260 6138
badulc@ukzn.ac.za
Howard College campus: 269 Mazisi Kunene Avenue, UKZN Howard College Campus, Gate 1, Hut 11 031 260 2446
MngadiF@ukzn.ac.za www.ukzn.ac.za
postgraduate levels, particular emphasis is placed on the ful lment of the right in section 24 of the South African Constitution to an environment that is not harmful to health and wellbeing. The central role of people in environmental management and conservation is stressed as are issues of environmental justice. Strong focus is placed on the importance of the sustainable development concept and its critical requirements of meeting people’s basic needs and intragenerational equity, emphasising current conditions. South Africa’s environmental rights also explicitly refer to intergenerational equity – the environmental rights of future generations – a central focus of much of environmental law and the principles underpinning it.
CENTRE FOR EXTENDED LEGAL STUDIES
The School of Law offers three programmes geared towards mature, working individuals seeking to further their studies after hours, namely the part-time LLB programme, the Postgraduate Diploma in Industrial Relations (PDIR) and the Postgraduate Diploma in Forensic Investigation and Criminal Justice (PDFICJ). These programmes are managed in the Centre for Extended Legal Studies (CELS). The principal aim is to provide mature-age students, typically working professionals, with an opportunity to enhance their knowledge and employment prospects by obtaining a law degree or specialising in a limited area of law.
For more information on CELS and the offerings, contact: law.ukzn.ac.za/cels
