Description:
Seventy qualitative interviews, involving 114 persons, were conducted with litigants of landmark socio-economic rights cases and other key role-players, including members of NGOs and Public Interest Litigation (PIL) firms. The aim was to ascertain experiences with regard to the socio-economic rights cases, including the cost and time taken to finalise these cases. In the fieldwork phase of the project, researchers canvassed the perspectives of a broad spectrum of stakeholders and social actors relevant to this assessment.
Abstract:
In 2013 the Department of Justice and Constitutional Development commissioned the HSRC in partnership with the University of Fort Hare for a research project under the title: Assessment of the impact of decisions of the Constitutional Court and Supreme Court of Appeal on the transformation of society. The project was subsequently titled Constitutional Justice Project. In this project an in-depth legal analysis of the jurisprudence of the apex courts was complemented with a strong empirical component that sought to investigate the broader impact of these court decisions on South African society, as well as the extent to which South Africaâs highest courts are accessible.
The research was structured in four themes: Theme 1 consisted of a comprehensive legal analysis of the developing socio-economic jurisprudence in landmark cases of the CC and SCA. Included in this theme were the collection, collation and analysis of data on the decisions of the CC and SCA from 2009 to 2013. Theme 2 consisted of an analysis and investigation into the implementation of court decisions, by tracing their impact on the work of government departments, across all spheres, including changes to policy, legislation, budgets and institutional practices. Theme 3 comprised desk-top studies (including an international and regional comparative study) on direct access to the Constitutional Court, especially by indigent persons. The research focused specifically on whether the rules and the practices with regard to direct access to the CC promote access to justice in socio-economic rights cases, or create obstacles in accessing justice. Theme 4 focused on access to justice in more general terms.
Qualitative interviews were conducted with litigants of landmark socio-economic rights cases and other key role-players, including members of NGOs and Public Interest Litigation (PIL) firms. The aim was to ascertain experiences with regard to the socio-economic rights cases, including the cost and time taken to finalise these cases. In the fieldwork phase of the project, researchers canvassed the perspectives of a broad spectrum of stakeholders and social actors relevant to this assessment.
A case study methodology was adopted to track the impact of selected landmark cases at all spheres of government and within affected communities, which involved interaction (key informant interviews and focus group interviews) with various role players from academics to litigants to members of the Bench, and public officials responsible for the implementation of court orders. A total of 70 key informant and focus group interviews were conducted.
The major variables were:
Position in legal sector applicant, legal professional status, legal representative in a case, legal academic, legal aid and advocacy organisation
Involvement in specific court case cases were selected based on main socioeconomic rights, and key informants were divided into the following categories:
Advocates
Attorneys
Bench
Legal academics and social scientists
Public officials
Indirect beneficiaries and community leaders (focus groups and individuals)
Applicants (focus groups and individuals)
NGOs and Civil Society Organisations
Interim and final findings of the research were presented at three colloquia to which a number of representatives of the legal and socioeconomic rights sector were invited. The following reports were produced:
3 Colloquia reports
Concept Report
Interim report
Fieldwork report
Final report
Executive Summary report
Most reports included extensive annexures on specific issues in the research.
Administrative records
Compilation or synthesis of existing material
Content analysis
Digital audio recording
Face-to-face interview
Focus group
Telephone interview
Included: 40 apex court cases, relevant applicants and defendants, lawyers involved, academics involved in socio-economic rights, legal aid organisations, advocacy groups, community representatives, relevant state departments
Sampling was based on official documentation of court cases indicating applicants, defendants, legal representation, legal assistance, amici of court, legal experts in socio-economic right cases, representatives of communities affected by court cases recommended by lawyers involved in the cases, as well as legal experts who regularly publish on socio-economic rights
