Stuart Wilson

Admission to Society of Advocates: 2009


Master of Arts (Oxford), Bachelor of Laws (with distinction) (Witwatersrand)

Areas of Practice: Administrative, Constitutional, Criminal, Criminal defence, Defamation, General motion court work, Human rights, Labour, Landlord and Tenant, Property

Cel: 072-265-8633 Tel: 011-356-5861


Stuart is a door member of the Group.  He is currently serving as the Executive Director of the Socio-Economic Rights Institute of South Africa (SERI).  Stuart has been responsible for litigating many of the leading socio-economic rights cases to come before the courts in recent years.  He appears regularly at all levels of the court system.  His practice encompasses constitutional law, administrative law, defamation, property law, labour law and criminal defence work.  He has particular expertise in land and housing law.

He holds a Master of Arts degree (in Philosophy, Politics and Economics) from the University of Oxford and a Bachelor of Laws degree (with distinction) from the University of the Witwatersrand.  He is a part-time lecturer and Visiting Senior Fellow at Wits Law School, where he runs the undergraduate Property Law course.  Stuart also writes and publishes on constitutional law, property law and the intersection between law and society.  He sits on SERI’s Board of  Directors and on the Human Rights Committee of the General Council of the Bar of South Africa.  His international work includes serving as a trial observer for the Commonwealth Lawyers Association.

Recent / Major Cases:

* Hlophe and Others v City of Johannesburg and Others 2013 (4) SA 212 (GSJ)
* Arendse v Arendse and Others 2013 (3) SA 347 (WCC)
* Mchunu v Executive Mayor, eThekwini Municipality 2013 (1) SA 555 (KZD)
* Schubart Park Residents’ Association v City of Tshwane 2013 (1) SA 323 (CC)
* City of Johannesburg v Changing Tides 2012 (6) SA 294 (SCA)
*Occupiers of Saratoga Avenue v City of Johannesburg Metropolitan Municipality and Another 2012 (9) BCLR 951 (CC)
*Sebola and Another v Standard Bank of South Africa Limited and Another (Socio-Economic Rights Institute of South Africa and Others as Amici Curiae) 2012 (5) SA 142 (CC)

*  Pheko and Others v Ekurhuleni Metropolitan Municipality (Socio-Economic Rights Institute as Amicus Curiae) [2011] ZACC 34

*  F v Minister of Safety and Security and Others 2012 (1) 536 (CC)
*  Maphango and Others v Aengus Lifestyle Properties (Pty) Ltd 2012 (3) SA 531 (CC)

*  City of Johannesburg v Blue Moonlight Properties 39 (Pty) Ltd and Another 2012 (2) SA 104 (CC)  
*  Mthimkulu and Another v Mahomed and Others 2011 (6) SA 147 (GSJ)  
*  Gundwana v Steko Development and Others 2011 (3) SA 608 (CC)
*  Betlane v Shelly Court CC 2011 (1) SA 388 (CC)  

Published Articles:

* Julian Brown and Stuart Wilson (2013) “A Presumed Equality:  State and Citizen in Post Apartheid South Africa” African Studies vol 72(1) pp 86 – 106
*  S Wilson and J Dugard (forthcoming, 2011) “Taking Poverty Seriously:  The South African Constitutional Court and Socio-Economic Rights Stellenbosch Law Review

*  S Wilson (2011) Planning for Inclusion in South Africa:  The State’s Duty to Prevent Homelessness and the Potential of ‘Meaningful Engagement’  Urban Forum vol 22 pp. 265-282
*  S Wilson & J Dugard (2011) Constitutional Jurisprudence:  the first and second waves in M Langford, B Cousins, J Dugard & T Madlingozi (eds) Symbols and Substance:  The Role and Impact of Socio-Economic Rights Strategies in South Africa (Cambridge University Press)

*  S Wilson Litigating Housing Rights in Johannesburg’s Inner City” : South African Journal on Human Rights vol. 27 pp. 127-151
*  S Wilson (2009) Breaking the Tie: Evictions, Homelessness and the New Normality South African Law Journal vol. 2 pp. 270-290
*  S Wilson (2006) “Judicial Enforcement of the Right to Protection from Arbitrary EvictionSouth African Journal on Human Rights vol. 2(4) pp. 535-562
*  S Wilson (2004) Taming the Constitution: Rights and Reform in the South African Education SystemSouth African Journal on Human Rights vol. 20(3) pp. 418-447
*  S Wilson (2001) The Myth of Restorative Justice: Truth, Reconciliation and the Ethics of Amnesty” first published in the South African Journal on Human Rights vol. 17(4) pp. 531-562 

Stuart Wilson

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