Help us to keep Making Rights Real!

by Lawyers for Human Rights
Help us to keep Making Rights Real!
Help us to keep Making Rights Real!
Help us to keep Making Rights Real!
Help us to keep Making Rights Real!
Help us to keep Making Rights Real!
Help us to keep Making Rights Real!
Help us to keep Making Rights Real!
Help us to keep Making Rights Real!
Help us to keep Making Rights Real!
Help us to keep Making Rights Real!
Help us to keep Making Rights Real!
Help us to keep Making Rights Real!

Project Report | Jan 16, 2026
Litigation and Advocacy Updates 4th Quarter 2025

By Wayne Ncube | National Director

Legal Practitioners Symposium on Migrants Rights
Legal Practitioners Symposium on Migrants Rights

In 2025, Lawyers for Human Rights (LHR) advanced constitutionalism, dignity, and access to justice across South Africa through strategic litigation, evidence-led advocacy, and deep community partnerships. Our work delivered landmark court victories, protected vulnerable communities from discrimination and violence, strengthened accountability for state and private actors, and shaped national and regional policy debates.

Despite an increasingly volatile civic space, LHR remained focused on durable, rights-based solutions—prioritising precedent-setting outcomes, survivor-centred remedies, and institutional reform. GlobalGiving partners enabled LHR to act quickly, litigate strategically, and sustain support for communities most affected by inequality, xenophobia, gender-based discrimination, labour exploitation, and environmental harm.


Impact at a Glance (2025)

  • Individual cases handled: 26,489

  • Community members represented: 5,891

  • Total clients assisted: 20,598

Core Litigation & Advocacy Areas

  • Administrative justice & asylum procedures

  • Mining governance & environmental justice

  • Labour rights, minimum wage enforcement & precarious work

  • Housing, land & evictions (PIE, SPLUMA, expropriation)

  • Parental leave, LGBTQI+ rights & anti-discrimination

  • Universal jurisdiction & international criminal accountability


Landmark Litigation & Legal VictoriesAdvancing Transgender Rights in Detention

Nthabiseng Mokoena v Head of Johannesburg Correctional Centre and Others
In a landmark Equality Court judgment, the High Court held that the Department of Correctional Services’ failure to respect a transgender woman’s gender identity and provide gender-affirming healthcare constituted unfair discrimination and harassment.

Key outcomes:

  • Recognition of gender-affirming healthcare as a constitutional right for incarcerated persons.

  • Orders permitting gender expression, correct pronoun use, appropriate accommodation, and ongoing healthcare (including during parole).

This precedent affirms that dignity and equality apply fully to transgender persons in custody.


Defending the Rule of Law Against Xenophobic Vigilantism

Kopanang Africa Against Xenophobia & Others v Operation Dudula & Others
LHR acted as amicus curiae, representing the UN Special Rapporteur on Human Rights Defenders. The High Court interdicted Operation Dudula from unlawful harassment, evictions, and document demands, reaffirming that immigration enforcement rests solely with authorised state officials.

Significance:

  • Judicial recognition of xenophobic vigilantism as unlawful and unconstitutional.

  • Protection of access to healthcare, housing, education, and livelihoods for all persons, regardless of nationality.

  • A binding directive compelling government to implement the National Action Plan to Combat Racism, Xenophobia, and Related Intolerance.


Labour Rights & Enforcement of Court Orders

Workers’ Rights Project – Mr Vusimusi Hlope
LHR continued to pursue accountability against directors who defied reinstatement and contempt orders. The Labour Court’s repeated postponements underscore systemic challenges in enforcing workers’ rights.

LHR remains committed to securing finality and reinforcing that court orders are not optional.


Accountability, Inquiry & Evidence-Led AdvocacyArtisanal Mining & Police Accountability

LHR welcomed and participated in the South African Human Rights Commission’s National Inquiry into artisanal mining and Operation Vala Umgodi, following a humanitarian crisis that resulted in 87 deaths and left 280 survivors traumatised.

LHR evidence addressed:

  • Human rights violations arising from policing tactics.

  • Failures in mine closure regulation and oversight.

  • Violations of rights to life, dignity, and freedom from inhuman treatment.

This work advances a rights-centred framework for mining governance and community protection.


Strategic Positioning & Democratic IntegrityNational Dialogue

In September 2025, LHR chose not to participate formally in the National Dialogue process, reaffirming our principle that affected communities should not be spoken for but supported to speak for themselves.

LHR instead provided information, logistical assistance, and advisory support to constituents who chose to engage directly—safely and autonomously.


Amicus Curiae & Law Reform ContributionsDecriminalisation of Sex Work

LHR represented the African Policing Civilian Oversight Forum (APCOF)Centre for Human Rights (University of Pretoria), and the Dullah Omar Institute as amici curiae in constitutional challenges to the criminalisation of sex work.

Submissions focused on:

  • Discriminatory policing and enforcement.

  • Gendered poverty and socio-economic vulnerability.

  • Regional and comparative jurisprudence supporting decriminalisation.

This intervention supports remedies aligned with constitutional and regional human rights obligations.


Policy Influence & Systems ChangeNational Contributions

  • Inputs through KAAX and CoRMSA on White Papers on Immigration and Citizenship.

  • Housing system reform influencing the National Housing White Paper.

  • Policy recommendations to SAHRC on artisanal mining, mine closures, and police accountability.

  • Submissions on GBVF, parental leave, transgender rights, and gender discrimination.

  • Engagements with Treasury and SASSA on exclusionary social grant practices.

Regional & International Influence

  • Participation in UN and African treaty processes on business & human rights.

  • Submissions to UN Special Rapporteurs on migrants’ access to healthcare.

  • Human Rights Defender protection through SAHRDN and Amnesty International.

  • Universal jurisdiction initiatives (including torture cases in Tanzania).


Partnerships & Collaboration

Legal & Pro Bono Partners
Herbert Smith Freehills; Cliffe Dekker Hofmeyr; Bowmans; Ndou Attorneys; ALT Advisory; Legal Aid South Africa; DOJ Pro Bono Department.

Community-Based Partners
Community advice offices, migrant-led structures, women’s collectives, grassroots movements across all provinces.

Academic & Research Partners
University of Pretoria; Wits (CALS); Mandela Institute; ICJ; PALU; Wayamo Foundation.

These collaborations expand access to justice, strengthen litigation capacity, and ground advocacy in lived realities.


Looking Ahead (2026)

LHR will continue to prioritise:

  • Durable, system-wide remedies over short-term relief.

  • Evidence-led litigation and principled institutional positioning.

  • Protection of human rights defenders and marginalised communities.

  • Accountability for state and private actors through courts and public inquiries.

With GlobalGiving partners, LHR remains committed to defending dignity, equality, and the rule of law—without fear or favour.

Launch of Climate Justice and Youth Handbook
Launch of Climate Justice and Youth Handbook
immigration detention  convening in Malaysia
immigration detention convening in Malaysia
Refugee Guide Launch in Cape Town
Refugee Guide Launch in Cape Town

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Lawyers for Human Rights

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