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Sherwood resident highlights gaps in rights of refugees

A critical legal study about refugees and the role of the State highlights systemic legal failures and calls for a rights-based shift in refugee policy.

UKZN Master of Laws (LLM) graduate Fathima Docrat has explored the disconnect between South Africa’s constitutional promises and the lived reality of refugees in her study titled “Analysing the Socio-Economic Implications of State Failure to Deliver on its Legal Obligations Towards Refugees: A Constitutional and International Law Perspective”.

“Refugees arrive in South Africa facing enormous challenges, yet our legal framework often fails to treat them with the dignity and equality our Constitution promises,” said Docrat. “My passion for this topic stems from a deep interest in the intersection of law, justice, and the protection of fundamental rights.”

Also read: Durban refugees face hunger crisis

The Sherwood resident’s research interrogates the broader implications of governmental inaction and its contribution to inequality and marginalisation. Chapter four of the dissertation explores innovative policy alternatives grounded in principles of dignity, equality, and access to justice, calling for a paradigm shift in the perception of refugees, from burden to rights-bearing individuals.

Docrat said, “This qualification deepened my legal knowledge and sharpened my analytical skills. More importantly, it reminded me why I chose this path: to stand alongside marginalised communities and to contribute meaningfully to legal development and social justice.”

Docrat aims to continue contributing to public interest law, advancing refugee rights, and promoting accountability within legal systems. She is currently working with refugee organisations and co-authoring academic publications in the field of Human Rights Law.

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Wendy Sithole

Wendy Sithole is currently a community media journalist, attached to Berea Mail (Durban). She first joined Caxton Newspapers in 2004. After a newsroom hiatus she rejoined Caxton in 2024. She is responsible for reporting through writing and photography, for both print copy and digital platforms. She studied Journalism and Social Sciences. Apart from reporting, Wendy possesses vast knowledge in the spheres Communication, of Public Relations and Events publicity.

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