October 04 2000
A Constitutional Court judgment in favour of the “Irene Grootboom” group Cape Town.
In a landmark judgment on Wednesday, the Constitutional Court ruled that the state had an obligation to implement an effective housing plan and to provide emergency shelter to destitute people.
In an unanimous judgment, Justice Zakeria Yacoob ruled that the constitution obliged the state to act positively to lessen the plight “of the hundreds of thousands of people living in deplorable conditions throughout the country”.
The South African Human Rights Commission and the Legal Resources Centre welcomed the decision.
05 April 2006
What the judgement says
The City of Johannesburg v Rand Properties (Pty) Ltd and others: On March 3 2006, the high court ruled that the City of Johannesburg could not evict residents of condemned buildings without providing alternative accommodation.
Judge Mahommed Jajbhay ruled that the city had failed in its statutory and constitutional obligations to provide a suitable plan of action for rehousing inner-city residents, and prevented it from carrying out the evictions.
“Our Constitution obliges the State to act positively to ameliorate these conditions,” he said. In terms of Section 26 of the Constitution, all people have the right to access to adequate housing and the state must take reasonable measures to achieve the progressive realisation of this fact.
“We now require a coherent plan and the implementation of the plan at the micro level. The obligation is to provide access to adequate housing to those unable to support themselves and their dependents,” said Judge Jajbhay. - M&G Eviction and Dereliction
A Constitutional Court judgment in favour of the “Irene Grootboom” group Cape Town.
In a landmark judgment on Wednesday, the Constitutional Court ruled that the state had an obligation to implement an effective housing plan and to provide emergency shelter to destitute people.
In an unanimous judgment, Justice Zakeria Yacoob ruled that the constitution obliged the state to act positively to lessen the plight “of the hundreds of thousands of people living in deplorable conditions throughout the country”.
The South African Human Rights Commission and the Legal Resources Centre welcomed the decision.
05 April 2006
What the judgement says
The City of Johannesburg v Rand Properties (Pty) Ltd and others: On March 3 2006, the high court ruled that the City of Johannesburg could not evict residents of condemned buildings without providing alternative accommodation.
Judge Mahommed Jajbhay ruled that the city had failed in its statutory and constitutional obligations to provide a suitable plan of action for rehousing inner-city residents, and prevented it from carrying out the evictions.
“Our Constitution obliges the State to act positively to ameliorate these conditions,” he said. In terms of Section 26 of the Constitution, all people have the right to access to adequate housing and the state must take reasonable measures to achieve the progressive realisation of this fact.
“We now require a coherent plan and the implementation of the plan at the micro level. The obligation is to provide access to adequate housing to those unable to support themselves and their dependents,” said Judge Jajbhay. - M&G Eviction and Dereliction
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