South Africa Case Law

National Association of Welfare Organisations and Non-Governmental Organisations and Others v Member of the Executive Council for Social Development , Free State and Others (1719/2010)

National Association of Welfare Organisations and Non-Governmental Organisations and Others v Member of the Executive Council for Social Development , Free State and Others (1719/2010) [2014] ZAFSHC 127 (28 August 2014)

Court

Free State High Court, Bloemfontein

Case number

1719/2010

Judge

C.H.G. Van der Merwe

The court found that the third revised policy on financial awards to nonprofit organisations in the social development sector complies with the constitutional and statutory obligations set out in previous judgments. The policy provides for prioritisation of programmes and funding of core costs, with a transparent and consultative process for determining nonprofit organisations' own contributions. The court held that the policy constitutes a reasonable measure for progressive realisation of socio-economic rights within available resources, and that the consultation process was meaningful. The…

Source excerpt

• Progressive Realisation Of Socio Economic Rights
• Structural Interdict
• Policy Review
• Funding Of Nonprofit Organisations
• Consultation Requirements

National Association of Welfare Organisations and Non-Governmental Organisations and Others v MEC for Social Development, Free State and Others (1719/2010)

National Association of Welfare Organisations and Non-Governmental Organisations and Others v MEC for Social Development, Free State and Others (1719/2010) [2013] ZAFSHC 49 (28 March 2013)

Court

Free State High Court, Bloemfontein

Case number

1719/2010

Judge

Kruger

The court found that a revised social welfare funding policy still did not comply with earlier structural-interdict judgments and ordered further consultation and revision.

• Structural Interdict
• Meaningful Engagement
• Progressive Realisation Of Socio Economic Rights
• Public Participation
• Budgetary Allocation
• Compliance With Court Orders

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