I am honoured to present this end of year update as the Executive Director of the Helen Suzman Foundation.
Recent months have highlighted both the progress made and the uncertainties that continue to shape our constitutional landscape. With sustained pressure from Consortium for Refugees and Migrants South Africa (CoRMSA) and HSF, Zimbabwean and Lesotho Exemption Permits have been extended to May 2027. This has offered some measure of relief, however while Minister Schreiber has indicated in October 2025 that the Department of Home Affairs is in the process of finalising a structured consultation plan, the absence of meaningful consultation on the future of the ZEP leaves many affected communities in a state of ongoing limbo.
Against this backdrop, the Foundation has remained actively engaged in the courts, advancing its work through amicus curiae interventions and preparing for further litigation in the period ahead. We have also contributed submissions as an interested party to the TRC Inquiry. Although delays have kept the process in its preliminary stages, we remain committed to supporting the inquiry in fulfilling its mandate.
This commitment to accountability and democratic renewal was echoed at our annual Helen Suzman Memorial Lecture, where former Chief Justice Raymond Zondo reflected on the past and future of judicial appointments, offering a sobering reminder of what is at stake if reform is neglected.
As South Africa enters what promises to be an uncertain yet pivotal year, the Foundation’s resolve to strengthen institutions and advance constitutional democracy remains unwavering.
Naseema Fakir
2025 Annual Memorial Lecture: Former Chief Justice Raymond Zondo
On 13 November 2025, former Chief Justice Raymond Zondo delivered the 2025 Helen Suzman Memorial Lecture. Justice Zondo sought to answer the question if there is a need to re-examine the judicial appointment model in South Africa. His message was one that encouraged civil society and government to relook the composition of the Judicial Service Commission (“JSC”) in light of the window of opportunity provided by the Government of National Unity, so as to avoid a hypothetical future where one governing party could under the current composition of the JSC, capture the appointments to the Judiciary.
The full lecture can be viewed here.
Advocacy for ZEP Holders
In late November 2025, HSF was contacted by a concerned family friend of a ZEP holder who was arrested for having an “expired permit”. He was subsequently sentenced to two months imprisonment at Johannesburg Correctional Centre followed by deportation. Whilst incarcerated, he faced assault from other inmates who are held for various crimes, and the consequences of overcrowding such as limited ablution facilities. HSF intervened by contacting JICS and corresponding with officials to have him moved to a different cell where he would not face assault and abuse.
Access to Justice
HSF continues to assist ZEP holders who struggle to access services due to misinformation about the validity of ZEP’s. From July – December, we received 45 requests to assist ZEP holders with accessing services.
Of note, 15 persons were threatened with termination of their employment over their ZEP status, 12 persons have had trouble obtaining a driver’s license, and 14 persons have had trouble opening bank accounts in South Africa. This brings our total number of persons assisted to 464.
Should you or someone you know struggle to access services based on your ZEP status, please complete the form here.
Litigation Update
HSF admitted as interested party in TRC Inquiry
In May 2025, President Cyril Ramaphosa announced the establishment of the Judicial Commission of Inquiry to inquire into allegations regarding efforts or attempts having been made to stop the investigation or prosecution of Truth and Reconciliation Commission cases. HSF was invited to make submissions as an interested party due to our role as an amicus curiae in the case L B M Calata and 22 Others v the Government of the Republic of South Africa and 5 Others (2025-005245).
HSF’s main arguments stem from its previous submission in L B M Calata, premised on rights based arguments – in particular stemming from South Africa’s Constitution and international law. HSF additionally argued the importance of establishing the commission to give effect to the principle of truth seeking through investigation to fulfil the customary international law obligation of the right to truth. Regardless of these rights, HSF argued that the state has a duty to investigation and prosecute any Apartheid era crimes, especially in the light that they are ‘’continuing crimes’ as per the SAHRLC case, several acts, and customary international law.
For the TRC inquiry, HSF introduced a new argument – namely that the state must be liable for constitutional damages due to failure to discharge their state obligation to provide truth and accountability, especially in light of the continuing nature of crimes such as enforced disappearances where people remain missing after being abducted by Apartheid security forces.
HSF submitted its inputs in October 2025. The Commission commenced its work on 10 November 2025. The Commission has not however been able to commence its hearings due to multiple recusal applications. Despite these obstacles, HSF remains committed to partaking in the TRC Inquiry to aid its investigations.
You can view HSF’s submissions here.
Members of the public with relevant information are also welcome to make submissions – you can make submissions as an individual or organisation here: https://www.trc-inquiry.org.za/submission.php
HSF admitted as amicus curiae in The Children’s Institute and Others v Minister of Home Affairs (2024/148658)
In November 2025, HSF was admitted as amicus curiae in an application brought by the Children’s Institute and Others in the Western Cape High Court. The application is regarding backlogs at the department of Home Affairs in late registrations of birth. The matter affects children across the board with some waiting for registration since 2015. At present there are approximately 258 000 children and young adults whose births have not been registered despite having applied, thus demonstrating that the government failed to discharge their constitutional and internation law obligations to ensure that the best interests of the child is upheld and that children are able to claim their constitutional rights to education, equality, dignity, social assistance and healthcare. HSF submitted that “the sins and traumas of fathers and mothers should not be visited upon by their children”, which should guide the court in considering harm suffered by children due to actions beyond their control.
You can find HSF’s papers here.
HSF admitted as amicus curiae in Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others CCT126/25
On 29 October 2025, HSF was admitted as amicus curiae by the Constitutional Court for confirmation of the previous Western Cape High Court judgement. We provided further written submissions on 12 November 2025. The Western Cape High Court declared certain sections of the Refugees Act 130 of 2002 unconstitutional, in particular the “good cause” requirement which states that asylum seekers must demonstrate “good cause” for illegal entry or soujourn into the country if they do not have an asylum seeker transit visa and prior to applying for asylum. It was demonstrated that more than 90% of applicants were turned away at this stage. For the children of asylum seekers, this may have a devastating result as children may be deported, rendered stateless, or separated from their parents.
The High Court expressly endorsed HSF’s submissions regarding the rights of children stating that “the impugned provisions are not capable of an interpretation that protects the best interests and dignity of children in their own right. In fact, children, have no say in determination at all.”
Read the 2025 Western Cape High Court judgement here.
Read HSF’s written submissions to the Constitutional Court here.
Events
Roundtable: South Africa’s push for adoption of Global South priorities on a Just Energy Transition
On 23 October 2025, HSF held a roundtable discussion in partnership with the Friedrich Naumann Foundation examining if South Africa has used its G20 Presidency to push for the adoption of Global South priorities on Just Energy Transition. The roundtable examined the actions of the South African government in addressing issues of energy access and affordability, sustainable finance and creating jobs of the future in the energy sector innovation.
The broader consensus by speakers was that South Africa has suitably used its Presidency, to the extent possible, to push Global South issues on Just Energy Transition via the G20 Sherpa Track, Finance Track, and engagement groups, but that the conversations must continue at all levels.
You can watch the roundtable discussion here.
Webinar: Relocating the Office on the Rights of the Child to the Presidency
The HSF hosted a webinar on 2 December 2025 titled “Towards effective child rights governance: Relocating the Office on the Rights of the Child to the Presidency”. The webinar explored the establishment, mandate, and evolution of the Office on the Rights of the Child, the implications of its relocation, the current state of children’s lived realities in South Africa, and advocacy actions going forward.
You can watch the webinar here.
National Summit on the Review of SA Parole System Summit
The Department of Correctional Services hosted a national summit on 22 – 23 September 2025 which was attended by the HSF. The summit provided opportunities for engagement with DSC where they provided updates on the status of parole in SA and for ideas on how the parole system challenges can be tackled.
National Conference: Movement Building for Migrant Rights in South Africa
As part of ongoing an collaboration with CoRMSA, HSF attended a national conference on 27 November 2025 building on a series of engagements with stakeholders in the migrant rights sector. The conference provided a valuable opportunity to hear current experiences of migrants in South Africa and how anti-migrant mobilisation in South Africa continues to target these communities and undermine human rights.
The Constitution @ 30: Proposals for Reform
HSF attended the a two day conference hosted by Council for the Advancement of the South African Constitutionon 3 – 4 December 2025. The event brought together a large number of key players in the South African Constitutional space to discuss the future of the Constitution and the role that civil society can play in ensuring the promises made in the Constitution are fulfilled.
Submissions
Submission on Draft Children’s Amendment Bill 2025
The Draft Children’s Amendment Bill of 2025 sparked controversy in the South African public, with HSF lending its voice to those voicing concern around the criminalisation of “baby boxes” and the conflation of safe relinquishment and criminal abandonment. While the Bill seeks to strengthen and protect the rights of children in South Africa, HSF submitted that it fell short of advancing the best interests of the child.
Read HSF’s full submission here.
The Bill can be found here.
Submission on Immigration Amendment Bill
On 23 October 2025, HSF made a submission in response to a call for public comment on the Immigration Amendment Bill. The Bill seeks to give effect to a number of Constitutional Court judgments outlining how section 34(1A) of the Act should be amended to ensure constitutional compliance. HSF made a number of proposals, amongst which, requiring regulations to accompany the promulgation of the Amendment Bill, calling for improved interdepartmental coordination between relevant departments and motivating for the incorporation of a guarantee to access to interpreters and legal representation for detainees.
HSF’s full submission can be read here.
The Bill can be read here.
Submission on Draft National Economic Development and Labour Council (NEDLAC) Bill 2025
The HSF commented on the Draft NEDLAC Bill of 2025 on November 28. Whilst we support the overall aim of the Bill, we expressed our concerns about how it proposes to manage to the role of NGOs in particular. HSF argued that the Bill's stricter requirements for the admission of NGOs to NEDLAC could potentially lead to unfair treatment of NGOs in comparison to representation by other stakeholders. Charitable trusts are an important part of community campaigning; thus, their absence is problematic. The Bill also lacks sufficient public engagement tools, timetables, and explicit norms, which could result in arbitrary decision-making.
Read our full submission here.
The Bill can be found here.
HSF in the Media
HSF staff op-eds:
‘Madlanga Commission must draw the line on police minister’s power’
‘Engaging young voters: Strategies to combat apathy ahead of South Africa's local elections’
Mentions in media:
‘Who watches the watchers? Can South Africa clean up its police’
‘Crisis at JSC as unresolved complaints against judges surge’
‘Zimbabwe and Lesotho permits extended to May 2027’
‘NGO blames dept fragmentation for high levels of child abuse’
