Impact litigation entails the use of law as a tool for structural reform. Disadvantaged communities remain disadvantaged, particularly as a result of a failure on the part of many stakeholders to deal with structural factors which continue to marginalise the majority.
The Foundation has identified the criminal justice system as a major contributor to systematic financial marginalisation and exclusion. Focus (while not exclusive) will be placed on impact litigation surrounding criminal justice reform, as well as the reform of laws which have the cumulative effective of punishing South African offenders ‘doubly’ in effect.