The applicants, occupiers of the Harry Gwala informal settlement, argued for the provision of certain interim basic services in their settlement, pending a decision on whether the settlement was to be upgraded on site or relocated to formal housing (whereupon such services would be provided permanently). They relied primarily on sections 26 and 27 of the Constitution and chapters 12 (emergency housing situations) and 13 (upgrading of informal settlements) of the National Housing Code.