Grootboom and Others v Government of the Republic of South Africa and Others - Constitutional Court Order (CCT38/00) [2000] ZACC 14 (21 September 2000)

Grootboom and Others v Government of the Republic of South Africa and Others - Constitutional Court Order (CCT38/00) [2000] ZACC 14 (21 September 2000)

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,...

Citation
[2000] ZACC 14
Parties
Applicant: Irene Grootboom; Applicant: Other Applicants as per Annexure 'A'; Respondent: Government of the Republic of South Africa; Respondent: Premier of the Province of the Western Cape; Respondent: Cape Metropolitan Council; Respondent: Oostenberg Municipality
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
21 September 2000
Case Number
CCT 38/00
Procedural Posture
Constitutional Application / Final Order
Outcome
Application granted in part; mandatory orders issued for provision of basic services and materials; costs awarded against the second respondent.
Judges
Chaskalson, Langa, Ackermann, Goldstone, Kriegler, Mokgoro, Ngcobo, O'Regan, Sachs, Yacoob, Madlanga
Legal Topics
Right of Access to Housing, Enforcement of Court Orders, Municipal Obligations, Basic Services Provision
Constitutional Law Civil Procedure Land and Property Right of Access to Housing Enforcement of Court Orders Municipal Obligations Basic Services Provision

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Parties

Irene Grootboom

Applicant

Other Applicants as per Annexure 'A'

Applicant

Government of the Republic of South Africa

Respondent

Premier of the Province of the Western Cape

Respondent

Cape Metropolitan Council

Respondent

Oostenberg Municipality

Respondent

Procedural Posture

Constitutional Application / Final Order

Legal Issues

  1. 1 Whether the state and municipal authorities are obliged to provide basic shelter and services to the applicants under the Constitution.
  2. 2 Whether the applicants are entitled to immediate relief in the form of sanitation, water, and building materials.
  3. 3 Whether the costs of the application and implementation should be borne by the respondents.

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,...

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.