Structural and procedural barriers to accessing justice

for marginalised populations

Priti Patel, Deputy Director, SALCPresented at AIDS2014

Southern Africa Litigation CentreT: +27 (0) 11 587 5065 f: +27 (0) 11 587 5099

www.southernafricalitigationcentre.org

Prescription/Statute of limitations

• Time limit on when you can bring a case for damages

• In many countries 3 years from time event occurred.

• LM and Others v Government of Namibia

Standing•Who can take the case to

court

•Most countries in southern Africa have narrow standing

• Tapela and Another v Attorney General

Lack of awareness of rights• Failure to access

courts and lawyers in necessary time.

• Not thinking or framing events as something for which one can seek justice.

Access to lawyers

Litigation process •Litigation process can be long and onerous for marginalised populations.•Court process itself can be alienating for the litigants•Fear of public disclosure

Thank you