Minister for Transport and Public Works: Western Cape & others v Adonisi and Others (522/2021 & 523/2021)
Minister for Transport and Public Works: Western Cape & others v Adonisi and Others (522/2021 & 523/2021) [2024] ZASCA 47; [2024] 3 All SA 49 (SCA); 2024 (4) SA 499 (SCA); 2024 (11) BCLR 1411 (SCA) (12 April 2024)
The Supreme Court of Appeal held that the principle of constitutional subsidiarity precludes direct reliance on sections 25 and 26 of the Constitution where comprehensive legislation exists to give effect to those rights. The Housing Act and Social Housing Act, together with related statutes, form the primary legal framework for the progressive realisation of the right to adequate housing. The court found no statutory obligation requiring the Province or City to provide social housing at a specific location, such as central Cape Town. The Province and City had implemented policies and program…
Source excerpt
- Subsidiarity Principle
- Adequate Housing
- Social Housing Act
- Government Immovable Asset Management Act
- Intergovernmental Relations Framework Act
- Public Participation