Strategic litigation is a tactic that involves going to court to promote social change or human rights. This approach targets specific legal barriers that affect entire communities, aiming to reshape laws, policies or practices.

But when is strategic litigation the right tool for an NGO? In some cases, it's essential when there's a clear legal violation that requires judicial intervention to effect change — such as when governments fail to uphold constitutional rights. On the other hand, it may not be the best strategy when the legal system isn’t the right forum for the issue at hand, or when the political or public momentum is still building, and a different kind of advocacy could be more effective.

In this Best Bite podcast, we break down the factors that determine whether strategic litigation is the right course of action for NGOs by drawing on the experience of DGMT’s Alcohol Harms Reduction campaign (relaunched as Rethink Your Drink). We speak to the campaign’s lead Zimasa Mpemnyama about why they’ve decided that the courtroom is the best place to effect change.

Visit www.dgmt.co.za/litigate-to-advocate to read more and access the takeaway instructions.

The Learning Lunch podcast features three types of episodes: Deep Dives; Nourish & Flourish; and Best Bites.
Each podcast/learning lunch session is structured as follows:
The Main Meal - A ±30-minute podcast
The Takeaways - Instructions for a ±30-minute group reflection based on what you listened to.
To learn more about the work that we do, go to www.dgmt.co.za