Mshengu and Others v Msunduzi Local Municipality and Others (11340/2017P)
Mshengu and Others v Msunduzi Local Municipality and Others (11340/2017P) [2019] ZAKZPHC 52; [2019] 4 All SA 469 (KZP) (29 July 2019)
The court found that the ongoing and persistent failure by the respondent municipalities to provide farm occupiers and labour tenants with access to basic sanitation, sufficient water, and refuse collection is inconsistent with the Constitution, specifically sections 9, 10, 24, 27(1)(b), 33, 152, 153, 195, and 237. The municipalities have a constitutional and statutory obligation to progressively realise these rights through reasonable legislative and other measures, including the development and implementation of specific plans prioritising vulnerable communities. The court rejected the resp…
Source excerpt
- Right Of Access To Water
- Basic Sanitation
- Municipal Services Obligation
- Progressive Realisation Of Rights
- Structural Relief
- Public Interest Litigation