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Monday, October 29, 2018
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Nature of the Case

The lockout and family separation rules of a temporary emergency housing accommodation provided by the city of Johannesburg were held to violate constitutional rights to dignity, privacy, and freedom and security of the person.

Enforcement of the Decision and Outcomes

The Court ordered the city and MES to pay applicants’ litigation costs and refrain from enforcing the lockout and family separation rules for the duration of their stay at the shelter.

Significance of the Case

A recognition of the interdependence and indivisibility of all rights, the Court’s judgment sets housing-related standards with respect to approximately 60,000 people living in Johannesburg’s inner city who need better and safer accommodation. The outcome is likely to have a positive impact on women, children and families living in shelters facing threats to their housing-related rights to privacy, dignity, family life, freedom and security. Commenting on the case, Nomzamo Zondo, the residents’ attorney and director of litigation at the Socio-Economic Rights Institute of South Africa (SERI) said, “The city has throughout treated our clients as less than human. …We hope that today’s judgment will result in a change in attitude towards poor and vulnerable people in Johannesburg’s inner city, and that the city …will begin to treat them with the care, respect and concern they deserve.”

For their contributions, special thanks to ESCR-Net members: Socio-Economic Rights Institute of South Africa (SERI) and the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.

Groups Involved in the Case

Socio-Economic Rights Institute of South Africa (SERI) (Argued the case)

Centre for Applied Legal Studies (CALS)

Centre for Child Law (CCL)