South Africa

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South Africa
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OP-ICESCR

This case concerns a 2009 appeal before the Constitutional Court of South Africa, brought by the Head of the Mpumalanga Department of Education (HoD).

ESCR-Net's Social Movement Working Group brings together social movements to forge new alliances, promote mutual learning and advance collaborative work

View the final report from the session on OP-ICESCR ratification organized as a part of the Social Rights Litigation Workshop held in South Africa on 12-14 March 2012.

In September 2011, the residents of Langaville Informal Settlement (comprised of more than one thousand and five hundred households and four thousand and six hundred residents) represented by the Socio-Economic Rights Institute of South Africa (SERI), requested an order directing the Ekurhuleni Metropolitan Municipality to provide sufficient access to water and basic sanitation recognized in the Constitution of South Africa, through the Water Services Act, Regulation 3 of the Regulations Relating to Compulsory National Standards and Measures to Conserve Water (GN R509 in GG 22355 of 8 June

ESCR-Net together with SERI, the NGO Coalition for the OP-ICESCR and the Norwegian Centre on Human Rights convened a three-day workshop in Johannesburg, South Africa.

The Constitutional Court today declared the City of Johannesburg's housing policy unconstitutional and ordered the City to provide temporary accommodation to 86 desperately poor people living in Berea in inner city Johannesburg. The Court was ruling on the application of Blue Moonlight Properties to evict the occupiers from its property.

The applicant is a body that represents over 150 member organizations that provide care for children living in the Western Cape who have severe and profound intellectual disabilities. In the Western Cape, the only available education for children who are severely and profoundly intellectually disabled occurs at "Special Care Centers" operated by non-governmental organizations. There are an insufficient number of such Special Care Centers and the children who are not able to obtain care at these centers receive no care at all.

This case was brought as an abstract review[1] by the Abahlali BaseMjondolo Movement (Abahlali), a voluntary association which acts in the interests of several thousand people living in informal dwellings in South Africa. Abahlali argued that section 16 of the KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act ("the Slums Act"), which authorized provincial government officials to issue a notice directing that eviction proceedings be instituted by owners and local municipalities against informal settlements, was unconstitutional.

The South African Constitutional Court was asked to decide whether tenants of a block of flats were entitled to notice before the municipal electricity utility, City Power, disconnected their supply. The tenants paid for their electricity to the owner of the property, and despite their regular payment, the owner allowed substantial arrears to run up on the account, and City Power disconnected the property, giving the owner, but not the tenants, notice.