Esheria South Africa Case Law
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South Africa Case Law

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Constitutional law

Charnelle Commando and Others v City of Cape Town and Another

The City’s policy and implementation of emergency housing were unreasonable because it adopted no reasonable temporary emergency accommodation policy, excluded inner-city emergency accommodation on a blanket basis, failed to treat the applicants’ circumstances individually, and did not adequately address the foreseeable displacement caused by gentrification and the legacy of spatial apartheid. The Court held that the City’s conduct was unconstitutional to the extent identified and ordered inner-city or near-inner-city temporary emergency accommodation, subject to the applicants remaining resi…

Source excerpt

  • Section 26 housing rights
  • Temporary emergency accommodation
  • Gentrification
  • Spatial apartheid
  • Reasonableness
  • Progressive realisation
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Constitutional law

Thubakgale and Others v Ekurhuleni Metropolitan Municipality​

The Constitutional Court held, by majority, that constitutional damages were not appropriate relief on the facts. The majority reasoned that the applicants already had an extant court order for delivery of houses, the issue could be pursued through contempt or execution, and the claim for damages was not properly made out as compensatory relief for a recognized loss. The appeal was dismissed.

Source excerpt

  • Section 26 housing rights
  • Section 38 appropriate relief
  • Constitutional damages
  • Contempt of court as alternative remedy
  • Municipal housing allocation and maladministration
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Constitutional law

Dladla and Others v City of Johannesburg and Another (Centre for Applied Legal Studies and Centre for Child Law as Amici Curiae)

The Concurrent majority held that the applicants were entitled to constitutional protection at the Shelter, that the lockout and family separation rules limited their rights to dignity, freedom and security of the person, and privacy, and that those limitations were unjustified. The appeal succeeded because the impugned rules were unconstitutional and were interdicted; the City and MES could not enforce them against the applicants for the duration of their stay.

Source excerpt

  • Temporary accommodation
  • Shelter rules
  • Dignity
  • Freedom and security of the person
  • Privacy
  • Section 26 housing rights
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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.