South Africa's public interest litigation (PIL) field has long been a cornerstone of social justice, evolving from its roots in the anti-apartheid struggle to a vital tool for accountability in the democratic era. A groundbreaking new ethnographic research paper, "The Emergence of South Africa’s Public Interest Litigation Field: Unity and Tensions," published in the South African Historical Journal in 2025, sheds fresh light on this dynamic landscape. Authored by Leila Strelitz, a PhD candidate at the University of Oxford's Department of International Development, the study draws from extensive fieldwork to uncover the field's formative years in the late 1970s and 1980s. This Oxford-led research not only highlights the strategic role of public interest litigation organisations (PILOs) but also reveals the internal racial dynamics and professional tensions that shaped them.

Strelitz's work, part of her broader doctoral thesis "Social Justice Lawyering in Post-Apartheid South Africa," emphasizes how PIL emerged as a response to apartheid's injustices. Through interviews and archival analysis, she documents how these organisations challenged oppressive laws on detention, housing, and labor rights, often at great personal risk. For aspiring lawyers and law students across South African universities like the University of Cape Town (UCT), Wits, and Stellenbosch, this paper offers profound insights into the profession's activist heritage and ongoing relevance.

🌍 Roots in the Anti-Apartheid Struggle: The Birth of PILOs

The late 1970s marked a pivotal shift in South Africa's legal activism. Amid escalating state repression following the 1976 Soweto Uprising, the first PILOs took shape. The Legal Resources Centre (LRC), founded in 1978 by James van Rensberg and others, pioneered test cases against pass laws and forced removals. This organisation, still active today, provided pro bono representation to marginalized communities, embodying public interest litigation's core principle: advancing broader societal interests beyond individual clients.

Strelitz notes that PILOs like the LRC were predominantly white-led but actively recruited black lawyers, creating unique professional pathways. Black attorneys, often articled in segregated firms, found in these groups rare opportunities for high-impact work. For instance, lawyers such as Charles Nupen and Poppy Sesele at the LRC handled landmark challenges to detention without trial, contributing to the United Democratic Front's legal strategy.

This period's litigation laid groundwork for post-1994 constitutional victories. University law faculties played a supportive role, with academics mentoring PIL efforts. Today, higher education jobs in law increasingly value such experiential learning, bridging academia and activism.

Key Early Milestones and Cases

• 1979: LRC's challenge to the Internal Security Act, exposing solitary confinement abuses.
• 1980s: Black Sash and IDASA cases on electoral rights and media censorship.
• 1982: Formation of the Black Lawyers Association Legal Education Committee (BLA-LEC), focusing on community legal aid.

These efforts transformed PIL from ad hoc advocacy into a structured field, influencing the 1996 Constitution's justiciable socio-economic rights.

Ethnographic Lens: Unpacking Unity and Tensions

Strelitz's ethnographic approach—immersive observation and interviews with veteran lawyers—reveals the field's dual nature. White PIL lawyers exhibited sophisticated race consciousness, prioritizing transformation. Yet, inter-organisational rivalries fostered competitiveness, with funding and cases becoming flashpoints.

Black lawyers navigated complex hierarchies. While PILOs offered prestige absent in mainstream firms, they sometimes replicated apartheid's racial dynamics. Strelitz quotes one interviewee: "It was a site of opportunity, but also where we had to prove ourselves twice over." This racialised practice mirrored broader anti-apartheid tensions, where unity masked unresolved power imbalances.

For South African law schools, these findings underscore the need for curricula addressing historical inequities. Institutions like University of Pretoria Law Faculty now integrate PIL modules, preparing students for roles in organisations like SECTION27 or the Socio-Economic Rights Institute (SERI).

Photo by Jesse Plum on Unsplash

Contributions of Black PIL Lawyers

The paper foregrounds overlooked black pioneers. Figures like Kader Hassim and Halima Saloojee at various PILOs drafted affidavits and argued in court, despite barriers. Their involvement diversified the bar, paving the way for post-apartheid leaders like Gilbert Marcus SC.

Statistics from the era show black lawyers comprising 20-30% of PILO staff by mid-1980s, far exceeding private sector norms. This fostered mentorship, with white seniors advocating for articling contracts.

University Law Clinics: Modern Heirs to PIL Tradition

South African universities sustain PIL through law clinics. The UCT Law Clinic, for example, litigates housing evictions and education rights, echoing LRC origins. Stellenbosch University Law Clinic recently launched a class action for defrauded consumers, representing thousands.

Research highlights clinics' impact: over 50 reported PIL cases since 1994, from Campus Law Clinic v University of Fort Hare on student fees to environmental suits. These programs offer practical training, boosting graduate employability in public interest law. Aspiring litigators can explore university jobs or clinic internships via platforms like AcademicJobs.com.

Challenges persist: funding shortages and academic overload limit scale. Yet, as Strelitz's study implies, clinics bridge theory and practice, nurturing ethical lawyers.

Post-Apartheid Evolution and Recent Developments

Post-1994, PIL shifted to enforcing rights like water access (Mazibuko v City of Johannesburg) and housing (Olivia Road). PILOs proliferated, with SERI and Centre for Child Law leading.

In 2025-2026, cases abound: anti-corruption suits at PILG conferences, queer rights challenges, and school violence litigation. Universities contribute via amicus briefs; Wits Law Clinic supported recent NSFAS funding disputes.

Strelitz warns of persistent tensions, now around funding and strategy. Amid economic pressures, PIL remains vital for accountability.

Implications for Legal Education and Careers

This research resonates in higher education. Law faculties must confront PIL's racial legacies, integrating diverse voices. Programs like Wits' Public Interest Law Moot Court Competition hone skills for real-world impact.

Career paths abound: PILO roles offer fulfillment beyond corporate law. Graduates with clinic experience command premiums. Check higher ed career advice or South Africa academic jobs for openings.

Photo by Clodagh Da Paixao on Unsplash

Challenges, Solutions, and Future Outlook

Tensions persist: resource competition hampers collaboration. Solutions include inter-clinic networks and funding reforms.

Future: PIL will tackle climate justice and inequality. Universities can lead via research like Strelitz's. For law students, engaging PIL builds resumes and purpose—explore rate my professor for top mentors.

In summary, this ethnographic study illuminates PIL's complex birth, urging sustained academic-practitioner ties. South Africa's legal field thrives on such scrutiny.

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