South Africa Case Law

National Association of Welfare Organization and Non-Govermental Organizations and Others v MEC for Social Development, Free State and Others (1719/2010)

National Association of Welfare Organization and Non-Govermental Organizations and Others v MEC for Social Development, Free State and Others (1719/2010) [2011] ZAFSHC 84 (9 June 2011)

Court

Free State High Court, Bloemfontein

Case number

1719/2010

Judge

C.H.G. Van der Merwe

The court held that the revised Free State social development funding policy still failed to comply with the earlier order and required redrafting within 90 days.

• Policy Review
• Funding Of Nonprofit Organisations
• Children Socio Economic Rights
• Statutory Obligations
• Reasonableness Of Administrative Action
• Administrative-law

Grootboom and Others v Oostenberg Municipality and Others (6826/99)

Grootboom and Others v Oostenberg Municipality and Others (6826/99) [1999] ZAWCHC 1 (17 December 1999)

Court

Western Cape High Court, Cape Town

Case number

6826/99

Judges

D M Davis, R G Comrie

The court held that section 26 of the Constitution does not impose an immediate obligation on the State to provide adequate housing, as the right is subject to progressive realisation and available resources. The respondents demonstrated that a rational housing programme was in place, and the applicants failed to show entitlement to immediate housing under section 26. However, section 28(1)(c) confers an unqualified right to shelter on children, and the best interests of the child require that children not be separated from their parents when shelter is provided. The court declared that the S…

Source excerpt

• Right To Shelter
• Children Socio Economic Rights
• Progressive Realisation
• Minimum Core Obligation
• Best Interests Of Child