Esheria South Africa Case Law
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South Africa Case Law

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Constitutional law

Charnelle Commando and Others v City of Cape Town and Another

The City’s policy and implementation of emergency housing were unreasonable because it adopted no reasonable temporary emergency accommodation policy, excluded inner-city emergency accommodation on a blanket basis, failed to treat the applicants’ circumstances individually, and did not adequately address the foreseeable displacement caused by gentrification and the legacy of spatial apartheid. The Court held that the City’s conduct was unconstitutional to the extent identified and ordered inner-city or near-inner-city temporary emergency accommodation, subject to the applicants remaining resi…

Source excerpt

  • Section 26 housing rights
  • Temporary emergency accommodation
  • Gentrification
  • Spatial apartheid
  • Reasonableness
  • Progressive realisation
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Constitutional law

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
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Constitutional law

Residents of Joe Slovo Community Western Cape v Thubelisha Homes and Others (Centre on Housing Rights and Evictions and Community Law Centre University of the Western Cape as Amici Curiae)

The Court held unanimously that leave to appeal should be granted, the appeal should succeed in part, and the High Court order should be set aside and replaced. The final order was justified because the applicants were unlawful occupiers for purposes of PIE, the eviction and relocation were in the public interest and just and equitable in light of the housing programme, and the state had acted reasonably under section 26. The Court also required stronger protections: meaningful engagement, adequate temporary accommodation, and a binding allocation of 70% of the new houses to qualifying curren…

Source excerpt

  • Eviction
  • Unlawful occupier
  • Tacit consent
  • Reasonable notice
  • Meaningful engagement
  • Just and equitable relief
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.