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On 19 June 2019, one day before World Refugee Day, the Western Cape High Court handed down judgment in a case brought by the University of Cape Town’s Refugee Rights Unit on behalf of the Scalabrini Centre of Cape Town, which sought to improve the lives of thousands of asylum-seeking families across South Africa. The order, which was made after successful negotiations with the Department of Home Affairs (DHA/The Department) means that wives, husbands, children and other dependents of asylum-seekers and refugees are now able to document themselves in South Africa as ‘dependents’ of the principle asylum applicant in a process commonly known as ‘family-joining’. This aspect of the Refugee Act – outlined at section 3(c) – means that refugee families can be documented together, ensuring their rights to family unity and dignity in South Africa. The order confirms a set of Standard Operating Procedures (SOPs) that had been agreed on by the applicants and DHA. The SOPs allow for refugees to apply to be documented (either through family joining or on their own grounds) upon provision of certain documents, where possible, such as a marriage certificate or birth certificate or affidavit (in the absence of such documents) – regardless of where the marriage or birth took place. Family joining can now also be completed regardless of whether the dependents in question were included in the applicant’s original asylum application or not. The SOPs also provide for DNA testing as a measure of last resort to confirm the validity of parents’ claim over their child. These changes mean that asylum-seeking and refugee families can now fulfil their right to access documentation in South Africa. Kelley Moult spoke to Sally Gandar, the Head of Advocacy and Legal Advisor for the Scalabrini Centre, and Popo Mfubu, an attorney at the Refugee Rights Unit, about the ground-breaking case.

BackgroundThe South African legal and policy framework for sexual and reproductive healthcare provision for teenagers is complex.ObjectiveThe article outlines the dilemmas emanating from the legal and policy framework, summarises issues with implementation of the legal and policy framework in practice, and summarises recent changes to the law.MethodsIn-depth analysis of the legal and policy framework. Training workshops with a purposive sample of nurses and other healthcare providers in the Western Cape.FindingsTensions between consent and confidentiality imposed by the Termination of Pregnancy Act, the Children’s Act, the National Health Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act render conflicting obligations on healthcare providers. Healthcare providers’ experiences with service provision in this context show that the conflicting roles they inhabit render their service provision to teenagers more challenging.ConclusionHealthcare providers need to learn about their legal obligations surrounding adolescent sexual and reproductive health services.

As anyone with empirical fieldwork experience knows, even best laid data collection plans rarely go off without a hitch. There is often rich learning from these challenges, although we seldom reflect on them in the literature.   This interview asks UCT’s Safety and Violence Initiative (SaVI) Director, Guy Lamb, and Study Coordinator Ncedo Ntsasa Mnquibisa about their experiences carrying out the Gugulethu component of a randomised household survey project that took place in Gugulethu and Manenberg in Cape Town in 2017. Young people between the ages of 12 and 18 years old, and one of their caregivers, were interviewed using a detailed (structured) questionnaire. This project was a partnership between SaVI, Amandla EduFootball and Dr Ian Edelstein (who was based at the Human Sciences Research Council), which focused on youth resilience, deviance and development. The project was funded by the Department of Cultural Affairs and Sport in the Western Cape Provincial Government.