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South Africa Case Law

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Constitutional Law [2021] ZAWCHC 179

Commando and Others v Woodstock Hub (Pty) Ltd and Another (13946/15; 13947/15; 13951/15; 13952/15)

Commando and Others v Woodstock Hub (Pty) Ltd and Another (13946/15; 13947/15; 13951/15; 13952/15) [2021] ZAWCHC 179; [2021] 4 All SA 408 (WCC) (6 September 2021)

Court
Western Cape High Court, Cape Town
Case number
13946/15; 13947/15; 13951/15; 13952/15
Judge
M Sher

The court found that the City of Cape Town's emergency housing programme and its implementation in relation to persons rendered homeless by eviction in the inner City, Woodstock, and Salt River is unconstitutional. The City's policies and practices were inconsistent, arbitrary, and resulted in irrational and unreasonable differentiation between similarly situated evictees. The City failed to provide a comprehensive, workable, and coherent emergency housing plan, and its reliance on financial constraints and lack of available land was inadequately substantiated. The court held that the City is…

Source excerpt

  • Right Of Access To Housing
  • Emergency Housing Programme
  • Unlawful Eviction
  • Municipal Obligations
  • Progressive Realisation Of Rights
  • Irrational And Arbitrary Policy
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Constitutional Law [2019] ZAKZPHC 52

Mshengu and Others v Msunduzi Local Municipality and Others (11340/2017P)

Mshengu and Others v Msunduzi Local Municipality and Others (11340/2017P) [2019] ZAKZPHC 52; [2019] 4 All SA 469 (KZP) (29 July 2019)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
11340/2017P
Judge
Mnguni

The court found that the ongoing and persistent failure by the respondent municipalities to provide farm occupiers and labour tenants with access to basic sanitation, sufficient water, and refuse collection is inconsistent with the Constitution, specifically sections 9, 10, 24, 27(1)(b), 33, 152, 153, 195, and 237. The municipalities have a constitutional and statutory obligation to progressively realise these rights through reasonable legislative and other measures, including the development and implementation of specific plans prioritising vulnerable communities. The court rejected the resp…

Source excerpt

  • Right Of Access To Water
  • Basic Sanitation
  • Municipal Services Obligation
  • Progressive Realisation Of Rights
  • Structural Relief
  • Public Interest Litigation
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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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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.