Local residents challenged the establishment of an emergency housing camp in their neighborhood as contrary to zoning laws; obligation of government to realize right of access to adequate housing; powers of government to make decision regarding transit camp on state land; resident’s rights to administrative justice; court must take account of housing rights of flood victims.
Awaiting advice from the intervenors.
The decision empowered the government to provide relief for victims of disaster and was therefore a ‘victory’ for housing rights since the government successfully defended its obligation to provide adequate shelter for vulnerable residents. Sandra Liebenberg notes though that the principle of the decision can also have negative consequences for social rights: ‘Naturally, such legislative and executive conduct will be liable to challenge if there is a breach of other provisions of the Bill of Rights (e.g. the right to just administrative action) despite its pro-poor objectives.’ She cites a later case where legislation to make medicines more affordable was struck down for non-compliance with the principles of administrative justice. (See reference to Liebenberg article below).
Intervenor Constitutional Litigation Unit, Legal Resources Centre 7th floor Gandhi Square 25 Rissik Street, JOHANNESBURG, 2001 PO Box 9495, Johannesburg, 2000 Tel: +27 (0)11 836-9831, 403-0902 Fax: +27 (0)11 836-8680 Docex: 278