Grootboom and Others v Government of the Republic of South Africa and Others - Constitutional Court Order (CCT38/00) [2000] ZACC 14 (21 September 2000)
- Citation
- [2000] ZACC 14
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Constitutional Court
- Panel
- Chaskalson, Langa, Ackermann, Goldstone, Kriegler, Mokgoro, Ngcobo, O'Regan, Sachs, Yacoob, Madlanga
- Case number
- CCT 38/00
More details
- Court
- Constitutional Court
- Panel
- Chaskalson, Langa, Ackermann, Goldstone, Kriegler, Mokgoro, Ngcobo, O'Regan, Sachs, Yacoob, Madlanga
- Case number
- CCT 38/00
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Constitutional Court found that the applicants, comprising 263 households living in dire conditions on the Wallacedene sportsgrounds, were entitled to immediate relief to vindicate their constitutional rights. The Court ordered the relevant municipal and provincial authorities to provide basic sanitation and water services, as well as building materials to waterproof existing accommodation, within specified timeframes. The Court held that the state is obliged to take reasonable measures to ensure access to basic services for those in desperate need, and that the applicants' circumstances justified direct judicial intervention. Costs were awarded against the second respondent, recognizing the necessity of legal action to secure compliance with constitutional obligations.
Court disposition
Application granted in part; mandatory orders issued for provision of basic services and materials; costs awarded against the second respondent.
Orders
- Second and Fourth Respondents are ordered to provide basic sanitation services, including erection of 20 permanent toilets and provision of 20 temporary chemical toilets on the Wallacedene sportsgrounds within specified deadlines.
- Second and Fourth Respondents are ordered to provide water, including installation of 20 permanent taps and 10 temporary taps, within specified deadlines.
- Second Respondent shall make available R200,000 to Fourth Respondent for purchasing building material to waterproof applicants' accommodation.
- Each of the 263 households is entitled to building material to the value of R760.
- Second and Fourth Respondents must report in writing to the Registrar of the Court regarding implementation by 6 November 2000.
- Applicants may respond to the implementation report by 17 November 2000.
- Second Respondent is ordered to pay the applicants' costs occasioned by the application and implementation of the order.
- Funding required by Second Respondent must be made available in time for Fourth Respondent to comply with its obligations.
02
Material facts
Parties
Irene Grootboom
Applicant Counsel: Apollos Smith & AssociatesOther Applicants as per Annexure 'A'
Applicant Counsel: Apollos Smith & AssociatesGovernment of the Republic of South Africa
Respondent Counsel: State AttorneyPremier of the Province of the Western Cape
Respondent Counsel: State AttorneyCape Metropolitan Council
Respondent Counsel: De Klerk & Van GendOostenberg Municipality
Respondent Counsel: Tim Du Toit & CoAmounts and remedies
- Total Building Material Funding: ZAR 200,000
- Building Material Per Household: ZAR 760
- Number of Applicant Households: ZAR 263
03
Procedural history
Posture
Constitutional Application / Final Order
04
Questions and positions
Legal issues
- 01
Whether the state and municipal authorities are obliged to provide basic shelter and services to the applicants under the Constitution.
- 02
Whether the applicants are entitled to immediate relief in the form of sanitation, water, and building materials.
- 03
Whether the costs of the application and implementation should be borne by the respondents.
Party arguments
- Applicant
- The applicants argued that their constitutional right of access to adequate housing, as enshrined in section 26 of the Constitution, had been violated by the failure of the state and municipal authorities to provide basic shelter and essential services. They sought urgent relief for the provision of sanitation, water, and materials to waterproof their temporary accommodation, emphasizing the immediate and dire needs of the affected households.
- Respondent
- The respondents contended that while they recognized the applicants' plight, the provision of housing and related services must be implemented within available resources and existing governmental programs. They argued that the relief sought exceeded what was constitutionally required and that the applicants should pursue remedies through established administrative channels.
05
Court’s reasoning
Legal principles
- 01
Section 26 of the Constitution of the Republic of South Africa, 1996
The Constitution guarantees everyone the right of access to adequate housing and obliges the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realization of this right.
- 02
Fose v Minister of Safety and Security 1997 (3) SA 786 (CC)
Courts may grant appropriate relief, including mandatory orders, to enforce constitutional rights where there is a clear breach and urgent need.
06
Ratio, limits and disposition
Ratio decidendi
The Constitutional Court found that the applicants, comprising 263 households living in dire conditions on the Wallacedene sportsgrounds, were entitled to immediate relief to vindicate their constitutional rights. The Court ordered the relevant municipal and provincial authorities to provide basic sanitation and water services, as well as building materials to waterproof existing accommodation, within specified timeframes. The Court held that the state is obliged to take reasonable measures to ensure access to basic services for those in desperate need, and that the applicants' circumstances justified direct judicial intervention. Costs were awarded against the second respondent, recognizing the necessity of legal action to secure compliance with constitutional obligations.
Obiter and limits
- The Court declined to make the order requested in paragraph B of the agreed draft, noting that reasons would be furnished if requested.
- The implementation of constitutional rights may require cooperation between different spheres of government to ensure effective relief.
- The Court emphasized the importance of timely compliance with its orders to prevent further hardship to vulnerable communities.
Court disposition
Application granted in part; mandatory orders issued for provision of basic services and materials; costs awarded against the second respondent.
- Second and Fourth Respondents are ordered to provide basic sanitation services, including erection of 20 permanent toilets and provision of 20 temporary chemical toilets on the Wallacedene sportsgrounds within specified deadlines.
- Second and Fourth Respondents are ordered to provide water, including installation of 20 permanent taps and 10 temporary taps, within specified deadlines.
- Second Respondent shall make available R200,000 to Fourth Respondent for purchasing building material to waterproof applicants' accommodation.
- Each of the 263 households is entitled to building material to the value of R760.
- Second and Fourth Respondents must report in writing to the Registrar of the Court regarding implementation by 6 November 2000.
- Applicants may respond to the implementation report by 17 November 2000.
- Second Respondent is ordered to pay the applicants' costs occasioned by the application and implementation of the order.
- Funding required by Second Respondent must be made available in time for Fourth Respondent to comply with its obligations.
Source and reliance status
Constitutional Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Constitutional Court
Order
IN THE CONSTITUTIONAL COURT OF SOUTH AFRICACASE NO: CCT 38/00In the matter between:
IRENE GROOTBOOM First Applicant
AND OTHER APPLICANTS WHOSE NAMES ARE SET OUT Second and further IN ANNEXURE ‘A’ TO THE NOTICE OF MOTION Applicants
and
THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA First Respondent
THE PREMIER OF THE PROVINCE OF THE WESTERN CAPE Second Respondent
CAPE METROPOLITAN COUNCIL Third Respondent
OOSTENBERG MUNICIPALITY Fourth Respondent
ORDER OF COURT21 September 2000:Coram: Chaskalson P, Langa DP, Ackermann, Goldstone, Kriegler, Mokgoro, Ngcobo, O’Regan, Sachs and Yacoob JJ, and Madlanga AJ.1. An order is made in terms of paragraph A1 - 8 of the agreed order attached hereto:
A.1. Second and Fourth Respondents are ordered to provide basic sanitation services to the Applicants in the following manner:
(a) Fourth Respondent shall erect a block of 20 permanent toilets on the Wallacedene sportsgrounds by not later than 15 December 2000;
(b) Second Respondent shall provide the funding required for the construction of the aforesaid toilets;
(c) Fourth Respondent will be responsible for the maintenance and supervision of the aforementioned toilet facilities;
(d) pending the construction of the aforementioned permanent toilet facilities, Fourth Respondent shall forthwith, and in any event by not later than 6 October 2000, provide 20 temporary chemical toilets on the Wallacedene sportsgrounds.
(e) Second Respondent shall provide the necessary funding for the provision of the aforesaid temporary toilets.
2. Second and Fourth Respondents are ordered to provide water to the Applicants in the following manner:
(a) Fourth Respondent shall install 20 permanent taps in the same location as the abovementioned permanent toilet facilities, same to be installed by not later than 15 December 2000;
(b) Second Respondent shall be responsible for the funding of the aforementioned taps and the cost of the installation thereof;
(c) until the aforementioned permanent taps are installed, Fourth Respondent shall install 10 temporary taps which may be removed or relocated by Fourth Respondent after the aforementioned permanent taps have been installed, such temporary taps to be installed forthwith and in any event by not later than 6 October 2000;
(d) Second Respondent shall provide the necessary funding for the aforementioned temporary taps.
3 Second Respondent shall make available Two Hundred Thousand Rand (R200 000,00) to Fourth Respondent for the purpose of purchasing building material required to waterproof the Applicants' existing accommodation.
4. The purchase and distribution of such building material shall be effected in the following manner -
(a) It is recorded that the Applicants comprise 263 households on the sportsgrounds, as reflected on Annexure “JWA 4" to the founding affidavit;
(b) Each such household will be entitled to building material to the value of R 760 - 00;
(c) Applicants’ attorney of record will ascertain the requirements of each household and will convey these in writing to Fourth Respondent’s attorney of record;
(d) Fourth Respondent shall purchase the aforesaid building material from the funds referred to in paragraph (3) above;
(e) Fourth Respondent shall distribute the building material to the persons identified by the Applicants' attorney of record as the persons whose names appear on Annexure “JWA 4" to the founding affidavit, at a venue and in a manner to be agreed upon between the Applicants' attorney of record and the Fourth Respondent's attorney of record, such distribution to take place within 14 calender days of compliance by Applicants’ attorney of record with the provisions of subparagraph (c) above.
5. Second and Fourth Respondents shall report in writing to the Registrar of this Court as to the implementation of this order, such report to be furnished to this Court and to Applicants' attorney by 6 November 2000.
6. Applicants may respond thereto in writing by 17 November 2000.
7. Second Respondent is ordered to pay the Applicants' costs occasioned by the application as well as the costs of Applicants' attorney attendant upon the implementation of this Order.
8. Where funding is required to be made available in terms of this Order by Second Respondent such funding will be made available within such period or periods as will enable Fourth Respondent to comply timeously with its obligations in terms of this Order.
2. The Court declined to make the order requested in paragraph B of the agreed draft. Reasons will be furnished for that decision if so requested.Thus done at Johannesburg on 26 September 2000MS STANDERREGISTRAR: CONSTITUTIONAL COURTTo:Apollos Smith & AssociatesApplicants’ Attorneys - 1st Floor-Mini Kem Building80 Van Riebeeck RoadKUILSRIVERReference: Mr J A ApollosFax: 021 - 903 4001c/o Attorneys Cheadle Thompson & HaysomJOHANNESBURGFax:403 1764
To: The State Attorney To: De Klerk & Van Gend
First and Second Respondents’ Attorney Third Respondent’s Attorney
Private Bag X9001 Volkskas Building
CAPE TOWN 8000 132 Adderley Street
Reference:L M Gava/3683/99/P8 CAPE TOWN 8000
Fax:021-421 9364 Reference: Mr A F Brand/C 90068
and:State Attorney Fax:021 - 423 6628
Private Bag X 9 c/o:Tim Du Toit & Co
JOHANNESBURG 2000 7th Floor Nedbank Mall
Reference:Mr Feroze Latif/1493/00/P14 145 Commissioner Street
Fax:011 - 336 6200 / 011 - 337 - 7180 JOHANNESBURG 2000 Fax: 011 - 331 9700
and to:Constitutional Litigation Unit
Legal Resources Centre
401 Elizabeth House
18 Pritchard Street
JOHANNESBURG 2001
Reference:Mr G M Budlender
Fax:834 - 4273
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