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Constitutional Law [2017] ZAGPPHC 923

Thubakgale and Others v Ekurhuleni Metropolitan Municipality and Others (39602/2015)

Thubakgale and Others v Ekurhuleni Metropolitan Municipality and Others (39602/2015) [2017] ZAGPPHC 923; 2018 (6) SA 584 (GP) (15 December 2017)

The court found that the respondents breached the applicants' constitutional right of access to adequate housing by failing to allocate stands and houses to them despite their approved housing subsidies. The allocation of stands to other individuals was not in accordance with the National Housing Code or the Housing Act. The respondents' explanations regarding dummy numbers and administrative errors were not justifiable, and their delay in providing housing was unreasonable. The court held that the applicants, as approved beneficiaries, were entitled to transfer of the properties and that the…

  • Right Of Access To Housing
  • Housing Subsidy Allocation
  • Progressive Realisation Of Rights
  • National Housing Code
  • Administrative Reasonableness
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