Housing Rights

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African Commission advances corporate accountability for human rights abuses

In 2004, a small number of lightly armed rebels tried to take control of Kilwa, a remote fishing town in the Democratic Republic of Congo (Congo). About 50 km away from Kilwa there is a copper and silver mine, where Anvil Mining Company (Anvil Mining), a small Australian-Canadian mining company, had mining operations. Notably, the port in Kilwa was the only transport link to export the mine ore to processing plants in other countries.

Shayara Bano and others v. Union of India and others, Writ Petition (C) No. 118 of 2016

Shayara Bano was married for 15 years. In 2016, her husband divorced her through talaq–e-bidat (triple talaq). This is an Islamic practice that permits men to arbitrarily and unilaterally effect instant and irrevocable divorce by pronouncing the word ‘talaq’ (Arabic for divorce) three times at once in oral, written or, more recently, electronic form.

Mohamed Ben Djazia and Naouel Bellili v. Spain, CESCR, Communication No. 5/2015, UN Doc. E/C.12/61/D/5/2015 (20 June 2017)

In October 2013, Mohamed Ben Djazia, Naouel Bellili and their two minor children were evicted from the home they had rented in Madrid, Spain, after their private rental contract expired. Spain was then experiencing a devastating economic crisis with high levels of unemployment, and this had affected the Ben Djazia-Bellili family, leaving them unable to pay rent for some time. Mr. Ben Djazia had repeatedly applied for social housing for well over a decade and was denied each time.

Swaziland High Court advances women's property rights

Nombuyiselo Sihlongonyane and Mholi Joseph were married under civil rites and in community of property.[1] In January 2013, on the basis of her husband’s infidelity and mismanagement of their estate, Sihlongonyane applied to the High Court of Swaziland (High Court) to have her husband removed as the administrator of their joint property.

Swaziland Supreme Court advances women's property rights

Mary-Joyce Doo Aphane, a woman’s rights activist, commenced legal proceedings in the High Court of Swaziland (High Court) against the Registrar of Deeds, the Minister of Justice and Constitutional Affairs, and the Attorney General, arguing that Section 16(3) of the Deeds Registry Act, 1968 (Act) violated her constitutional right to equality because it forbids women married in community of property[1] to register immov

In this case, a landlord applied for the High Court to set aside a decision by the Gauteng Rental Housing Tribunal (“Tribunal”). Eighty rental tenants had brought a complaint to the Tribunal based on their landlord’s charge of about R385 per month per tenant for electricity in addition to the costs they paid for their individual consumption. The tenants discovered that the utility service provider, City Power, charged the landlord about R337,50 per month for the whole building.

This case concerns the conflict between the constitutional right to adequate housing and an owner’s right to develop private property.  Eighty-six poor individuals were unlawfully occupying private unused industrial facilities as living quarters.  The owner of the property (Blue Moonlight) sued to evict the occupiers in order to develop the property, which would almost certainly render them homeless.  The occupiers argued that the city had an obligation to provide them with temporary housing under the South African Constitution and the Prevention of Illegal Evic

An order was issued by the High Court order allowing the eviction of 50 families unlawfully occupying private land and requiring the municipality to provide the occupiers with alternate land.  However, under this order, the eviction was permitted to proceed even if the municipality had not yet provided alternate land to the occupiers, in which event the occupiers would become homeless.  The 50 families appealed from this order, arguing that not requiring the city to provide alternate land prior to the eviction was unjust and inequitable under section 4 (6) of th

The dispute in this case consists of two elements and arose when the first respondent purportedly purchased a property, Angus Mansions, in Johannesburg. In the initial action, the first respondent sought the eviction of approximately 300 people who were residing on the property (the applicants). The opposing action called into question the validity of the sale agreement and, consequently, the eviction order.

This case concerns the residents from the informal settlement of Makhaza, part of the Silvertown Project in Cape Town. The City of Cape Town had decided to upgrade the informal settlement under the Upgrading of Informal Settlements Programme (UISP).