Daniels v Scribante and Another
The Constitutional Court held that, properly interpreted in light of the Constitution and ESTA’s purpose, an occupier’s right to reside includes the right to make basic improvements reasonably necessary to render the dwelling fit for human habitation and consistent with human dignity; owner consent is not a prerequisite, but the occupier must meaningfully engage the owner or person in charge and may not ignore their rights.
Source excerpt
- Security of tenure
- Occupier rights under esta
- Human dignity
- Improvements to dwelling
- Consent of owner
- Meaningful engagement