Abahlali Basemjondolo Movement SA v and Another v Premier of Kwazulu-Natal and Others (1874/08) [2009] ZAKZHC 1; 2009 (3) SA 245 (D) ; 2009 (4) BCLR 422 (D&CLD) ; [2009] 2 All SA 293 (D) (27 January 2009)

Abahlali Basemjondolo Movement SA v and Another v Premier of Kwazulu-Natal and Others (1874/08) [2009] ZAKZHC 1; 2009 (3) SA 245 (D) ; 2009 (4) BCLR 422 (D&CLD) ; [2009] 2 All SA 293 (D) (27 January 2009)

The court found that the Slums Act, when read in its entirety, deals primarily with housing and not solely with land or tenure. Housing is a concurrent competence of national and provincial government under the Constitution. The Slums Act provides a legislative framework for implementing housing policies in KwaZulu-Natal and incorporates the procedural safeguards of the PIE Act, ensuring evictions are subject to judicial oversight and consideration of relevant circumstances. The Act does not conflict with national legislation, as it endorses and operates within the framework of the Housing Act and PIE Act. The court held that the Slums Act constitutes a reasonable legislative response to...

Citation
[2009] ZAKZHC 1
Parties
Applicant: Abahlali Basemjondolo Movement SA; Applicant: Sibusiso Zikode; Respondent: Premier of Kwazulu-Natal; Respondent: Member of the Executive Council for Local Government, Housing and Traditional Affairs, Kwazulu-Natal; Respondent: Minister of Housing; Respondent: Minister of Land Affairs
Court
High Courts - Kwazulu Natal
Jurisdiction
South Africa
Judgment Date
27 January 2009
Case Number
1874/08
Procedural Posture
Constitutional Application / First Instance
Outcome
Application dismissed.
Judges
Tshabalala JP
Legal Topics
Provincial Legislative Competence, Right to Housing, Progressive Realisation, Eviction Procedure, Conflict of Laws, Meaningful Engagement
Constitutional Law Land and Property Provincial Legislative Competence Right to Housing Progressive Realisation Eviction Procedure Conflict of Laws Meaningful Engagement

Case Brief

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Parties

Abahlali Basemjondolo Movement SA

Applicant

Sibusiso Zikode

Applicant

Premier of Kwazulu-Natal

Respondent

Member of the Executive Council for Local Government, Housing and Traditional Affairs, Kwazulu-Natal

Respondent

Minister of Housing

Respondent

Minister of Land Affairs

Respondent

Procedural Posture

Constitutional Application / First Instance

Legal Issues

  1. 1 Whether the KwaZulu-Natal Elimination and Prevention of Re-Emergence of Slums Act 6 of 2007 is unconstitutional due to exceeding provincial legislative competence.
  2. 2 Whether sections 16, 9, 11, 12 and 13 of the Slums Act are inconsistent with section 26(2) of the Constitution regarding the right to adequate housing.
  3. 3 Whether the Slums Act is in conflict with the National Housing Act and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act).

Ratio Decidendi

The court found that the Slums Act, when read in its entirety, deals primarily with housing and not solely with land or tenure. Housing is a concurrent competence of national and provincial government under the Constitution. The Slums Act provides a legislative framework for implementing housing policies in KwaZulu-Natal and incorporates the procedural safeguards of the PIE Act, ensuring evictions are subject to judicial oversight and consideration of relevant circumstances. The Act does not conflict with national legislation, as it endorses and operates within the framework of the Housing Act and PIE Act. The court held that the Slums Act constitutes a reasonable legislative response to...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs.