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South Africa Case Law

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Civil Procedure [2025] ZAFSHC 6

Hlano Financial Services (Pty) Limited v Member of the Executive Council for Human Settlements, Free State (1150/2024)

Hlano Financial Services (Pty) Limited v Member of the Executive Council for Human Settlements, Free State (1150/2024) [2025] ZAFSHC 6 (14 January 2025)

Court
Free State High Court, Bloemfontein
Case number
1150/2024
Judge
Van Rhyn

The court finds that the National Government, specifically the Ministry of Human Settlements and the Ministry of Housing, has a direct and substantial interest in the subject matter of the litigation. The relief sought by the applicant arises from national agreements and policy, and any order made would affect the rights and obligations of these ministries. The respondent's contention that directives and budgetary decisions are determined at national level is supported by the legislative framework, including the Housing Act and the Constitution. The applicant's failure to join the National Go…

Source excerpt

  • Non Joinder
  • Direct And Substantial Interest
  • Housing Act
  • National Housing Code
  • Constitutional Obligations
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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)

Court
North Gauteng High Court, Pretoria
Case number
39602/2015
Judge
M J Teffo

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…

Source excerpt

  • Right Of Access To Housing
  • Housing Subsidy Allocation
  • Progressive Realisation Of Rights
  • National Housing Code
  • Administrative Reasonableness
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Constitutional Law [2009] ZAGPJHC 55

Mnisi and Others v City of Johannesburg (08/17819)

Mnisi and Others v City of Johannesburg (08/17819) [2009] ZAGPJHC 55 (4 August 2009)

Court
South Gauteng High Court, Johannesburg
Case number
08/17819
Judge
Berger

The court found that the City of Johannesburg failed to engage in meaningful consultation with the residents of Protea South regarding their future development and possible relocation, as required by the Constitution, the Housing Act, and the National Housing Code. The City's conduct amounted to informing rather than consulting, and no community-approved relocation strategy was in place. The respondent's report lacked sufficient detail on both consultation and the provision of interim services, making it impossible for the court to determine compliance with statutory obligations. The court he…

Source excerpt

  • Right To Adequate Housing
  • Consultation With Affected Communities
  • Interim Services Provision
  • National Housing Code
  • Municipal Obligations
  • Access To Water And Sanitation
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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.