Enforcement/Implementation of ESCR

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.

The case was brought by two women who had borrowed minimal sums of money (about 27 and 35 US dollars respectively), had been charged significant interest and fell behind on their payments. This led to the sale and execution of their houses. The applicants argued that legislation permitting the sale in execution of people's homes due to non-payment of trifling debts removed their security of tenure and violated their right to access to adequate housing recognized in section 26 of the Constitution. The law in question was sections 66(1)(a) and 67 of the Magistrates' Courts Act 32 of 1944.