Gift Xaba

Probono & Human Rights (Dispute Resolution & Litigation)

Involved in the preparation of proceedings in the High Court, Equality Court, the SCA, & the Constitutional Court including, but not limited to, research, drafting, and briefing of counsel.

Public interest and constitutional law matters including litigation

• The right to basic education as envisaged by section 29 of the Constitution of South Africa ("Constitution").
• The right to access to health care services as envisaged by section 27 of the Constitution.
• The right to human dignity entrenched in section 10 of the Constitution.
• The right to freedom of conscience, religion, association, thought, belief and opinion entrenched in section(s) 15, 18, & 31 of the Constitution.

Public interest and constitutional law matters including litigation

• The right relating to citizenship as envisaged by section 20 of the Constitution.
• The rights relating to property & access to housing as envisaged by section(s) 25 & 26 of the Constitution and have been involved in litigation on socio economic rights.
• The right relating to access to information as envisaged by section 32 of the Constitution.
• The rights relating to just administrative action, access to courts, and enforcement of rights as envisaged by sections 33, 34, 38 of the Constitution.

Publications & interest

Gift has published pieces on subjects relating to: Access to basic education; enforcement of socio-economic rights; citizenship and refugee law, comparative law, foreign law, jurisdiction, foreign judgments, and enforcement of foreign judgments; and judicial precedence, bond guarantees and letters of credit.

Experience estate planning

Gift also has experience and interest in estate planning, and the laws relating to administration of estates, Wills, intestate succession and has been involved in litigation regarding disputes arising from the 'Family House' concept.

Legal concepts / subjects

As a public (interest) & constitutional law lawyer, Gift, in particular, has special interest on the following legal concepts / subjects:

• Constitutional education & the rule of law
• Public interest litigation & social change
• Transformative Constitutionalism & rights, participatory democracy, and the rule of law
• Cause-lawyering & public interest law
• Public interest law strategies.