South Africa Case Law

Nokotyana and Others v Ekurhuleni Metropolitan Municipality and Others (CCT 31/09)

Nokotyana and Others v Ekurhuleni Metropolitan Municipality and Others (CCT 31/09) [2009] ZACC 33; 2010 (4) BCLR 312 (CC) (19 November 2009)

Court

Constitutional Court

Case number

CCT 31/09

Judges

Van der Westhuizen, Moseneke, Cameron, Mokgoro, Ngcobo, Nkabinde, O'Regan, Sachs, Skweyiya

The Constitutional Court dismissed an appeal over sanitation and lighting in an informal settlement, but ordered Gauteng to decide the upgrade application within 14 months.

• Right Of Access To Adequate Housing
• Progressive Realisation Of Socio Economic Rights
• Municipal Obligations
• Informal Settlement Upgrading
• Minimum Core Obligation
• Judicial Review Of Administrative Action

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