Decision on an application for a declaratory order confirming that the respondents’ conduct was unlawful and violated certain constitutional rights and duties, including the rights to access adequate housing, a healthy environment, human dignity, privacy and children’s rights.
On 5 July 2011, the executive mayor of Cape Town indicated that an agreement had been reached between the City of Cape Town and the Makhaza residents on the model of enclosure for the toilets, in compliance with the Cape High Court ruling. The City enclosed toilets with concrete and the construction of the toilet enclosures commenced in July 2011. All toilets were enclosed by March 2012. The city has further increased the provision of toilets in informal settlements and increased budget allocations for building toilets in informal settlements for 2013 and 2014. In April 2014, the first national sanitation summit was held to start drafting a “people’s plan for sanitation and dignity.” However, despite these positive developments, it appears that water and sanitations problems continue to persist for people living in informal settlements in Cape Town.
The Beja judgement provides clarity on the provision of basic services in the context of in situ upgrading of informal settlements and attempts to give substantive and normative content to this process by situating it within a broader constitutional, legislative, policy, and jurisprudential framework. The Court reiterated that the requirements of privacy, protection against the elements, and adequate sanitary facilities are central features of the development of adequate housing in South African informal settlements. Furthermore, the judgement stresses the importance of community participation as outlined in the UISP, as well as the concept of “meaningful engagement”, as provided for in the Constitution and the National Housing Code.
(updated on June 2015)