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The respondents based their claim on two constitutional provisions: section 26 of the Constitution, which provides that everyone has the right of access to adequate housing, thereby imposing an obligation on the State to take reasonable legislative and other measures to ensure the progressive realisation of this right within its available resources; and
Irene Grootboom (c. 1969 – 2008) was a South African housing rights activist best known for her victory before the Constitutional Court in 2000. [1] The Court found that the government had not met its obligation to provide adequate alternative housing for the residents of Kraaifontein ’s Wallacedene informal settlement .
The National Prosecuting Authority (NPA) is the agency of the South African Government responsible for state prosecutions. Under Section 179 of the South African Constitution and the National Prosecuting Authority Act of 1998, which established the NPA in 1998, the NPA has the power to institute criminal proceedings on behalf of the state and to carry out any necessary functions incidental to ...
Created Date: 8/30/2012 4:52:52 PM
The creation of the NPA was required by section 179 of the Constitution of South Africa, which came into force in February 1997. Prior to the passage of the NPA Act, public prosecutions were under the direction of the attorneys-general, with a separate attorney-general appointed by the President for each division of the High Court. The offices ...
The Grootboom reasonableness test was applied by the Constitutional Court in the Minister of Health v Treatment Action Campaign case (2002). The claimant argued that the Ministry of Health infringed section 27(3) Constitution of South Africa by failing to distribute the free medicine nevirapine that could prevent mother-to-child transmission of ...
§12: Everyone has the right to freedom and security of the person, which includes the right— not to be deprived of freedom arbitrarily or without just cause; not to be detained without trial; to be free from all forms of violence from either public or private sources; not to be tortured in any way; and not to be treated or punished in a ...
The Criminal Procedure Act, 1977 lists four methods of securing the attendance of an accused person in court. [4] These bear an important relationship to the constitutional rights of freedom and security of the person, [5] of freedom of movement and residence, [6] of access to the courts [7] and of "arrested, detained and accused persons."