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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.

• Paralegal Support: The Statelessness Unit has continued to engage with paralegals in the South African Network on Statelessness (SANS), providing real-time legal support through digital platforms and sharing updated resources on identity documentation and citizenship rights.
• University Training: In October, LHR staff facilitated a workshop at the University of Limpopo, equipping students with practical skills to address statelessness and navigate legal frameworks.
• Regional Collaboration: LHR participated in a legal empowerment and digital ID learning exchange in partnership with civil society organizations across Africa, fostering cross-border collaboration on issues related to identity documentation.

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.

Introduction

As we conclude another quarter, we reflect on pivotal legal victories and ongoing advocacy that continues to shape the human rights landscape in South Africa. The outcomes highlighted in this report demonstrate the collective efforts of our team and partners, ensuring justice for marginalized individuals and communities. We are proud to share these milestones with you.

Advocacy and Legal Milestones

Home Affairs Ordered to Unblock IDs of LHR Clients
On September 18, 2024, the Pretoria High Court once again ruled in favor of LHR clients in the landmark case Phindile Philile Mazibuko and Others v Minister of Home Affairs and Others. The Department of Home Affairs (DHA) was ordered to unblock the identity documents (IDs) of 142 individuals within 20 days, following months of non-compliance with a previous court order. This judgment brings much-needed relief to individuals who have been unable to access basic services and exercise their rights due to unjust ID blocking practices. The court also demanded an affidavit from DHA explaining which IDs were unblocked, addressing long-standing inconsistencies in their compliance.

Interdict Against Unlawful Arrests of Asylum Seekers
In a major victory for asylum seekers, the Pretoria High Court granted an interdict in September 2024 preventing the unlawful arrest of new asylum seekers at Refugee Reception Offices (RROs). LHR, in collaboration with the Scalabrini Centre, successfully challenged this practice, which had resulted in asylum seekers being denied access to the asylum process and facing deportation. The court’s decision provides interim relief, allowing asylum seekers who express their intention to apply for asylum to do so without the threat of arrest, pending the final outcome of the case.

Landmark Decision on Arms Exports to Myanmar
In July 2024, LHR, representing the Southern Africa Litigation Centre (SALC), secured a significant victory when the North Gauteng High Court set aside arms export permits to Myanmar. The court ruled that arms exports to countries experiencing an unconstitutional change of government or suspected of committing crimes against humanity must be suspended. This decision not only halts the export of arms to Myanmar but sets a critical precedent for future arms export cases, ensuring South Africa’s foreign policy aligns with its human rights obligations.

Legal Recognition of Customary “Family House”
LHR has launched two significant legal applications—one in the Johannesburg High Court and another in the Pretoria High Court—seeking the legal recognition of the “family house” concept under South African customary law. Currently, South African law does not recognize the family house, which leaves many vulnerable individuals, especially women and children, exposed to eviction or displacement when the registered owner of the house decides to sell or evict other family members. LHR’s cases aim to address this gap, ensuring that customary rights to family property are protected under the law.Campaigns and Community Engagement

Community Workshops Empowering Women and Children

In partnership with ProBono.Org and the Embassy of Germany, LHR conducted a series of community workshops aimed at empowering women and children by educating them on housing, property rights, and inheritance laws. These workshops, held in under-resourced areas such as the Eastern Cape, provided critical legal information to vulnerable groups, equipping them with the tools to protect their rights.

Organizational Growth and Development

Addition of the Worker Programme
This quarter, LHR introduced the Worker Programme in partnership with Casual Workers Advice Ofice to address pressing labor rights issues, particularly focusing on vulnerable and undocumented workers. The programme has already handled several cases concerning worker exploitation, unfair dismissals, and workplace discrimination. This initiative seeks to strengthen protections for marginalized workers and ensure their access to justice in environments where exploitation is prevalent. The Worker Programme is an important step in advancing socio-economic rights in the labor sector, particularly for those with limited access to legal recourse.

Climate Justice and Community Engagement
LHR, in collaboration with the Mandela Institute, has continued its efforts in climate justice advocacy through the Wits Accredited Short Course on Climate Justice. Held June to August 2024, the course was attended by 20 participants, primarily mining community activists. The course covered topics such as the climate crisis, social justice, emerging law and policy frameworks, and legal remedies for addressing climate justice issues.

Additionally, LHR partnered with 350.org and the Centre for Applied Legal Studies to co-host Climate Justice Study Circles aimed at promoting socially owned renewable energy. These study circles encourage progressive unions and community organizations to engage deeply with the climate crisis, push for social ownership of renewable energy, and resist the co-option of environmental justice demands by ruling elites. The goal is to empower activists to advocate for climate justice and socially owned renewable energy within their communities, strengthening the grassroots movement toward a sustainable, community-led response to the climate crisis.

Conclusion

The third quarter of 2024 has been marked by landmark judicial decisions, groundbreaking advocacy, and continued efforts to expand access to justice for vulnerable communities. The progress we have made is a direct result of the collective strength of our team and partners. As we move forward, we remain committed to upholding the rule of law and protecting the rights of marginalized groups.

Thank you for your ongoing support. 

Links:

• Unpacking the state-of-Mine-Closures
• Blocked IDs contempt Judgement