Melani and Others v City of Johannesburg and Others (02752/2014)
Melani and Others v City of Johannesburg and Others (02752/2014) [2016] ZAGPJHC 55; 2016 (5) SA 67 (GJ) (22 March 2016)
The Court found that the City of Johannesburg's failure to apply the Upgrading of Informal Settlements Programme (UISP) to Slovo Park was unlawful and unreasonable. The UISP, as part of the National Housing Code, is binding on the City and prescribes that in situ upgrading should be preferred over relocation wherever feasible. Expert reports indicated that development at Slovo Park is possible despite dolomitic ground concerns. The City's unilateral decision to relocate residents to Unaville, without proper consultation or engagement, disregarded both the legislative framework and the legitim…
Source excerpt
- Promotion Of Administrative Justice Act
- Right To Adequate Housing
- Upgrading Of Informal Settlements
- Legitimate Expectation
- Reasonableness Review
- Delegated Legislation