The Centre for Applied Legal Studies is a centre of the
@WitsSchoolofLaw
which uses research, advocacy and strategic litigation to advance social justice
Prof John Dugard SC – who appeared for South Africa in the International Court of Justice
@CIJ_ICJ
this week – founded South Africa’s first public interest law organisation in 1978 at the height of apartheid. That organisation was the Centre for Applied Legal Studies
CALS is proud to announce that Palesa Madi has been appointed as our Deputy Director! Palesa has led our organisation in an acting capacity with passion and dedication and we are so pleased to see her appointed permanently to this position. Read more:
CALS is pleased to announce we have two outstanding new in-house counsel joining us in September: Mr Jatheen Bhima and Mx Letlhogonolo Mokgoroane! HUGE welcome to the team,
@jats_b
and
@mx_mokgoroane
!
Find out more:
Meet our new Director, Dr Tshepo Madlingozi! Along with Wits University and the School of Law, we are very excited to announce Dr Madlingozi will be joining us from June this year. Read more about his appointment:
📢As we say a fond farewell to
@TshepoMadlingo1
, we are proud to announce that Busisiwe Kamolane-Kgadima (AKA
@kay_kelo
) will be taking over as Acting Director and Sithuthukile Mkhize will be stepping in as Acting Deputy Director
👉Find out more:
CALS is delighted to announce that Busisiwe Kamolane-Kgadima (aka
@kay_kelo
) has been appointed as our new Deputy Director! Busi is currently an attorney and research co-ordinator and we know she will be a valuable addition to the management team. Congratulations, Busi!
Can you believe it's been a year already? CALS has been incredibly fortunate to have a leader like you,
@TshepoMadlingo1
. We benefit so much from your critical mind and strategic guidance and also your kind approach - during lockdown more than ever. Happy first anniversary!
CALS welcomes yesterday's judgment from the
@SCA_ZA
that confirms: a kiss is NOT a contract, and consent to one sexual act does not mean consent to all sexual acts.
Read the full judgment overturning
#Coko
v S here:
BREAKING: CALS and
@black_sash
have been informed that former Minister of Social Development Bathabile Dlamini is being prosecuted for perjury or giving false evidence. Read more:
Huge congratulations to adv Stuart Wilson, recommended for appointment as a Judge of the Gauteng High Court! Stuart is a CALS alum, co-founder of
@SERI_RightsSA
, adjunct professor at
@WitsSchoolofLaw
and author of “Human Rights and the Transformation of Property”
📷:
@OCJ_RSA
An absolutely groundbreaking judgment from the WC High Court today as Deputy Judge President Goliath rules
#SLAPP
suits brought by mining companies against environmental activists and journalists constitute an abuse of process against our constitutional values. More soon
Huge congratulations to our own Busisiwe Kamolane-Kgadima (AKA
@kay_kelo
) who graduated today from
@WitsUniversity
!! Her LLM thesis is entitled “But some are more equal than others: The role of equality rights in the eradication of poverty discrimination in South Africa”
A huge congratulations to our Deputy Director on completing her Master of Laws degree with distinction. Her thesis was on "Transformation in the public interest legal sector and transformative constitutionalism". We could not be more proud!
BREAKING: CALS,
@black_sash
and
@FreedomULaw
can confirm former Minister Bathabile Dlamini has paid the costs awarded against her in her personal capacity by the Constitutional Court. Accountability can be achieved through personal cost orders. Read more:
And the winners of this year's Public Interest Law Moot Court Competition hosted by CALS and the Student Litigation Society in partnership with the Water Research Commission are... Thabisile Mahatlane and Thabang Phoshodi from
@Rhodes_Uni
!
We will be in the Con Court tomorrow for the formal sitting honouring an exceptional, thoughtful and humble judge, human rights activist and CALS alum Justice Edwin Cameron on his retirement
Hearing tomorrow 10am: A long, illustrious judicial career is coming to an end. The Constitutional Court will honour Justice Edwin Cameron upon his retirement at a formal sitting that will take place in the courtroom.
CALS is in the Constitutional Court this morning for judgment in appeals of a High Court ruling that found defamation cases brought by mining companies against activists constituted
#SLAPP
suits. We are represented by Adv Nompumelelo Seme
What an incredible day! Both of our in-house counsel arguing for us in two virtual hearings in the Western Cape High Court. Both bringing in arguments about the need to address
#SLAPP
suits used to silence human rights defenders
BREAKING: World Bank's Compliance Advisor Ombudsman will investigate a complaint by women of Marikana detailing Lonmin’s environmental impacts & failure to comply with its social & labour plans. The IFC is being held to account for its investing practices by affected communities
CALS is hiring! We're looking for two candidate legal practitioners to join our team in January next year. Please RT for awareness. Find out more about the positions and how to apply here:
CALS condemns this remark by Minister
#AngieMotshekga
. Though education can be an important tool in helping to address gender-based violence, asserting "educated" people won't commit rape is both misleading and extremely harmful
[WATCH] Minister of Basic of Education Angie Motshekga says "... an educated man won't rape."
Motshekga was addressing pupils at the Nellmapius Secondary School.
Newzroom Afrika has reached out to the department for clarity on the statement.
#AngieMotshekga
#BackToSchool
This is the kind of life-threatening victimisation our human rights defenders face on a daily basis, especially those trying to protect the environmental rights of their communities. Fikile Ntshangase's loss is not just devastating - it is completely unacceptable
#ProtectOurHRDs
This is Fikile Ntshangase as I will always remember her-
Courageously standing up against Tendele mine’s expansion and speaking the TRUTH. Tonight she was shot down in her home in front of her young grandson and her fire and courage is gone forever. We are devastated by her loss
CALS is recruiting! We're looking for two candidate attorneys to join our team next year. Please spread the word. Find out more about the requirements and how to apply here:
Over 50 organisations and individuals have signed an open letter to the South African government to condemn the killing of human rights defender
#ThulaniMaseko
, and to call for an independent inquiry into his death and more protections for all activists in the region
Huge congratulations to the winners of this year's
#PILMOOT
: Emily Moshodi and Liete van der Eems from
@unisa
! CALS is proud to host the Public Interest Law Moot Court Competition with
@SLS_SouthAfrica
Tomorrow, the Western Cape High Court will hear an application by the City of Cape Town seeking to prevent human rights monitors from accessing the
#Strandfontein
shelter. CALS has been admitted as a friend of the court and is arguing the application amounts to a
#SLAPP
suit
CALS will be in the Con Court tomorrow for a hearing on police negligence in investigating sexual offences. We argue that the police have a duty of care towards victims and failing in this duty leads to secondary trauma. Read more and find our papers here:
CALS is recruiting! We're looking for two candidate attorneys to join our team next year. Find out more about the requirements and how to apply here: Please share with anyone you think may be interested in a career in social justice
A huge congratulations to our partners over at
@SECTION27news
on their 30th anniversary! Did you know Section27 started out at CALS as the AIDS Law Project?
Today, the Con Court confirmed
#CommonPurpose
applies in cases of rape. This judgment acknowledges the reality of how the crime of rape is perpetrated in our country and takes a vital step towards ensuring our laws respond to this reality
CC:
@ermbates
@bonglez
@CGE_ZA
Moegoeng CJ: What we are shocked by is that this was decided in 2014. The contract between
#SASSA
& CPS is unlawful. Until now, nothing has been done. And there is no explanation. We have to see this contract continue. It's like we're being laughed at. It's sad. It's frustrating
CALS is part of a group of civil society organisations who have written to Parliament to highlight food insecurity as a top priority for the 7th administration
On 22 and 23 July, CALS will be appearing in the High Court for an important case on sexual violence. We argue that consent should be removed from the definitions of sexual offences so the onus is not on victims to show they did not consent
Read more:
CALS welcomes three new full-time interns - Anda Dungulu, Kgosi Thage and Tsireletso Mokoago - who join us as part of the Presidential Youth Employment Stimulus programme, funded by the SA government to facilitate work experience for young graduates
BREAKING: Today, the High Court held the Sekhukhune District Municipality in contempt of court for failing to comply with an order directing them to provide five villages with access to water
CALS is incredibly proud of the head of our Environmental Justice Programme
@snyman_louis
for completing his PhD! His thesis looks at environmental spatial planning in sensitive areas. Read more here:
Advocate Karabo van Heerden is currently representing CALS, making submissions in the High Court on behalf of
@amnesty
and
@Follow_SALC
as friends of the court.
Follow along live:
CALS is in the High Court this week representing
@Follow_SALC
and
@amnesty
as friends of the court in a certification for a class action brought by women and children of Kabwe against Anglo American SA
Read more:
Watch live:
Losing a publication like
@NewFrame_News
is devastating. Excellent journalists like
@anna_majavu
,
@CabeMusa
and many others provided socially conscious, in-depth news and analysis that has helped many of us to make sense of the world and hear from those who are otherwise silenced
Our client communities in Limpopo have had enough: they are calling for officials to face jail time and personal costs for failing to provide them with access to water in line with a court order. We will be in urgent court in Pretoria representing the communities tomorrow
The latest essay by our Director
@TshepoMadlingo1
explores decolonising constitutional visions of African nationalists in the edited volume Decolonising Constitutionalism: Beyond False or Impossible Promises.
STATEMENT: The staff at CALS would like to express our deep concern over the current unrest and call for a response which includes immediate social relief and long-term change aimed at addressing the root causes of poverty and inequality
This is an absolutely historic judgment, particularly because it applies retrospectively. This will have an enormous impact for
#DomesticWorkers
and their families. A massive congratulations to everyone who made this happen
#DomesticWorkIsWork
[BREAKING] Today
@ConCourtSA
handed out an order declaring the exclusion of
#DomesticWorkers
from
#COIDA
as unconstitutional. The declaration of invalidity applies retrospectively to provide relief to other domestic workers who were injured or died at work prior to this order.
Say hello to team Gender Justice, going over their work plan for the year. They have the difficult job of addressing gender-based violence and holding accountable the systems that often fail survivors instead of protecting them
#EndGBV
#AmINext
MASSIVE congratulations to our
@sheena_swemmer
who graduates today with an LLD from
@go2uj
! Her thesis is entitled “An Ubuntu-Feminist approach to the inclusion of companion animals in South African domestic violence law”. We could not be prouder!
A true giant of human rights lawyering and a devastating loss. We are profoundly saddened to hear this news. We send our deepest condolences to all his loved ones and are keeping our friends and colleagues over at the LRC in our thoughts
#RIPGeorgeBizos
HUGE congratulations to our
@ThandekaKathi
who has completed her LLM in at
@UniofOxford
! Her thesis is entitled “Gender-based violence as a manifestation of entrenched environmental racism in the South African extractives industry: An international human rights law perspective”
Congratulations to GA friend and fierce human rights attorney,
@ThandekaKathi
from
@CALS_ZA
, who not only just successfully completed her Masters in International Human Rights Law at the
@UniofOxford
, but did so with STELLAR results.
Congratulations, Thandeka.
✨💫🥂🕺💃🎉
Yesterday, the Constitutional Court handed down a landmark judgment holding police accountable for their failures in investigating sexual offences. After almost 12 years, Andy Kawa has achieved a huge victory for all survivors of gender-based violence:
Tomorrow, the High Court is set to hear two cases involving activist victimisation. One sees the City of Cape Town attempting to bar human rights monitors from its
#Strandfontein
shelter; the other a mining company trying to intimidate environmental activists with a
#SLAPP
suit
CALS will be representing
@ISLAfrica
next week at the Supreme Court of Appeal in an appeal to a controversial judgment. The judgment of the Eastern Cape High Court found that consenting to kissing could be mistakenly interpreted as consent to sexual intercourse in Coko v S
BREAKING: Judge van Niekerk orders that the Minister must publish a notice requiring mines to mitigate the effect of
#Covid_19
on employees and anyone who may be affected by the disease at the mine - and this must be developed in consultation with
@macua_sa
!
We're in the Labour Court this morning from 10:00 representing
@macua_sa
. Mine workers and mining communities must be properly protected from
#Covid_19
and have a say in the regulations that affect them. Read our papers here:
#CoronavirusInSA
#Covid19inSA
CALS is hiring! We are looking for a new full- or part-time in-house counsel to join our team. Advocates with a passion for human rights and social justice, please apply! Find out more:
This morning, the High Court granted CALS leave to present evidence supporting the recognition of the
#RightToDie
. Judge Keightley found it would be in the interests of justice to have a plurality of views to assist the court in determining these difficult issues
Meet our Environmental Justice team, working on their strategy for the year. Their work focuses on protecting the rights of mining affected communities, ensuring they share in the benefits from mining and have a say in the laws that affect them
Tomorrow, the Labour Court will hear an urgent application brought by
@_AMCU
on the threat
#Covid_19
poses to mine workers. CALS will represent
@macua_sa
in applying to intervene as a friend of the court to highlight the vulnerability of mining communities during the pandemic
Yesterday, the Constitutional Court handed down a landmark judgment finding strategic litigation against public participation is an abuse of court process and a
#SLAPP
suit defence does form part of our law. A copy of the judgment can be found here:
On Monday, CALS will be in the High Court supporting the call from communities around
#Xolobeni
for all mining affected communities to have access to mining rights applications, to exercise their rights & help make informed decisions about development in their areas
#Right2SayNo
BREAKING: The High Court has ordered the release of a report into incidents at G4S-run Mangaung Correctional Centre. The court has granted costs against the state and made a special order of costs against G4S. A win for the principle of
#AccessToInfo
and the
#Right2Know
Yesterday we had the absolute pleasure of handing over a title deed to one of our client partners, Mr Thomas Shabangu. The Shabangu family had their home wrongly sold in execution by a bank. Now, their legacy is protected for future generations
Read more:
Cabinet today announced it has approved publishing an Amendment Bill on sexual offences for public comment. The proposed amendments to SORMA will “decriminalise the sale and purchase of adult sexual services”
📢Calling all LLM students: the
@SAJHR_ZA
is offering a 'top-up' bursary to a candidate studying justice-related issues in need of financial assistance. Find out more about how to apply:
CALS is in the High Court in Pretoria today along with five other public interest law centres. We are making submissions on the role of our organisations in promoting social justice through many strategies including litigation. Read more:
A victory for victims and survivors - both civil and criminal cases for most sexual offences no longer prescribe. This means anyone may come forward to seek justice for sexual violence at any time. Find out more:
We're in the Labour Court this morning from 10:00 representing
@macua_sa
. Mine workers and mining communities must be properly protected from
#Covid_19
and have a say in the regulations that affect them. Read our papers here:
#CoronavirusInSA
#Covid19inSA
Tomorrow, the Labour Court will hear an urgent application brought by
@_AMCU
on the threat
#Covid_19
poses to mine workers. CALS will represent
@macua_sa
in applying to intervene as a friend of the court to highlight the vulnerability of mining communities during the pandemic
Today's historic victory for mining affected communities saw the High Court recognise them as core stakeholders to be consulted in negotiations around the
#MiningCharter
going forward & take their concerns about lack of engagement seriously
@AA_SouthAfrica
@partofnopart
@LHR_SA
[Press Statement]
CALS welcomes the announcement of the setting up of a commission of inquiry into the Gauteng urban housing crisis and calls for a victim-centered commission that leads to accountability, holistic solutions, and material changes.
Today, as he retires, CALS would like to celebrate the remarkable legacy of Justice Edwin Cameron. He has promoted justice for over three decades not only as a judge, but as a human rights lawyer and HIV/AIDS and LGBT+ activist:
CALS is in the Pretoria High Court this morning representing
@OpenSecretsZA
and the Unpaid Benefits Campaign. We are challenging regulations which keep the FSCA appointments process secret. Read more:
Our Rule of Law team appeared in the Pietetmaritzburg High Court today representing an incarcerated client who has been moved to SA's only super max security prison without being given a reason. The judge has ordered the state to provide reasons within one month
Kicking the year off with an important case for
#ClimateJustice
, CALS and our partners at
@LivingLimpopo
and
@ALLRISElegal
are challenging the environmental authorisation granted to the Musina-Makhado Special Economic Zone
#MMSEZ
One of our wonderful attorneys working on environmental and civil & political rights
@ThandekaKathi
has been accepted into the Oxford University Master's programme in International Human Rights Law. She is now looking for some support to fund her studies:
CALS is deeply saddened by the loss of Justice Yvonne Mokgoro. Justice Mokgoro was a gentle but passionate jurist who leaves behind a lasting legacy of promoting human rights and social justice. We send our condolences to her colleagues and loved ones at this difficult time
Last week, the Supreme Court of Appeal found that while recommendations made by the South African Human Rights Commission should be respected and implemented, they are not binding.
Read more about our intervention and find the full judgment here:
CALS stands with LGBTIAQ+ people in Uganda! We condemn the "Anti-Homosexuality" Act for criminalising an already marginalised and vulnerable group counter to the African Charter on Human and Peoples' Rights
Read more:
Just a reminder that the Constitutional Court held former Minister Bathabile Dlamini personally liable for legal costs following the social grants crisis AND suggested she should be investigated for perjury. Full judgment here:
The start of a series of strategy planning sessions with each of our programmes. First up is the Business and Human Rights team discussing their plans for the year
#BizHumanRights
#CorporateAccountability
CALS wishes all our friends, partners and colleagues a happy and healthy end to 2023! Thank you for all your support throughout the year. We will have a limited number of staff on duty for the rest of December and will return from 8 January 2024
VACANCY: The
@MacuaWamua
Advice Office is looking for a legal intern to support social audits in mining affected communities around the country. Closing date for applications is 31 August. Read more about the opportunity here:
@macua_sa
Drum roll please... Announcing the WINNERS of this year's Public Interest Law Moot Court Competition:
@winniegeorgeolu
,
@ThaboMathule
and
#SamanthaSmit
from
@go2uj
! A HUGE congratulations to you, including our best orator Winnie George!
CALS represents 1,200 people from the Amathole district of the Eastern Cape who seek to compel the municipality to provide water to the community - who are currently risking their health and safety by sharing water sources with animals
Read our papers:
CALS will be in the Supreme Court of Appeal next week for a matter that has important implications for Chapter Nine Institutions. The question before the Court is: should the directives of the
@SAHRCommission
be legally binding?
Read our papers here:
A huge congratulations to our
@ThandekaKathi
and
@sheena_swemmer
who contributed to the latest edition of “Gender, Law and Justice” launched last night!
The ebook is available at or by emailing cserv
@juta
.co.za
Huge well done to CALS colleagues who contributed to this excellent new collection,
@ThandekaKathi
and
@sheena_swemmer
, who contributed to sections on gender and the environment, and harassment and forced sterilisation respectively
You may not know everyone who works behind the scenes at CALS, but if you’ve ever visited our offices you’ve definitely met the CALS moms. Today we celebrate TEN YEARS with the wonderful Sibongile Ncube and Duduzile Mlambo:
CALS welcomes the proposed moratorium to halt the arrests of private users of cannabis.
The Cannabis Development Council had instructed CALS to litigate with the view of obtaining a prohibitory interdict against SAPS for their continued unlawful arrests of users of cannabis. 1/2