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- Title
Forging space for pro-poor change: The use of strategic litigation by the Socio-Economic Rights Institution of South Africa (SERI) to advance equality.
- Authors
Dugard, Jackie
- Abstract
The 'Marikana Massacre' of 16 August 2013, in which the police killed 34 protesting mineworkers, was a tragic reminder of South Africa's far from complete socio-economic and political transition. Contrasting with this (far from uniquely South African) depressing story of political and economic failure, is the remarkable role that the law (largely through the adjudication of strategic litigation) has played since 1994, and especially over the past decade, in both pushing back any authoritarian impulses of the government and pushing forward the frontiers of socio-economic justice. Recognising the law's potential to construct the space within which subordinate groups can organise, mobilise and act for social change, Stuart Wilson and 1 established the Socio-Economic Rights Institute of South Africa (SERI) at the end of 2009. From the outset, we viewed SERI's primary role as constituting a vehicle to support the struggles of poor and marginalised groupings to advance the boundaries of the political economy, one frontline at a time. Since then, through developing a particular model of strategic litigation as informed by research and advocacy and embedded in community mobilisation, SERI has worked to responsively progress the agenda of pro-poor change in South Africa. This article examines SERI's model of strategic litigation, highlighting SERI's distinctive methodology and theory of change. In doing so, the article offers some insights into how the law can be used tactically and strategically to forge spaces for pro-poor change.
- Subjects
SOUTH Africa; MASSACRES; MINERS strikes &; lockouts; SOCIAL justice; SERVICES for the poor; EQUALITY; POLITICAL reform
- Publication
Law & Politics in Africa, Asia & Latin America / Verfassung und Recht in Übersee (VRÜ), 2019, Vol 52, Issue 2, p132
- ISSN
0506-7286
- Publication type
Article
- DOI
10.5771/0506-7286-2019-2-132