Thubakgale and Others v Ekurhuleni Metropolitan Municipality​
The Constitutional Court held, by majority, that constitutional damages were not appropriate relief on the facts. The majority reasoned that the applicants already had an extant court order for delivery of houses, the issue could be pursued through contempt or execution, and the claim for damages was not properly made out as compensatory relief for a recognized loss. The appeal was dismissed.
Source excerpt
- Section 26 housing rights
- Section 38 appropriate relief
- Constitutional damages
- Contempt of court as alternative remedy
- Municipal housing allocation and maladministration