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)
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