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The court found that interpreting a right in its context required the consideration of two types of context. On the one hand, rights had to be understood in their textual setting, which required a consideration of Chapter 2 and the Constitution as a whole. On the other hand, rights also had to be understood in their social and historical context.
Its 2001 decision in Government v Grootboom, however, held the state to a much more rigorous standard for "reasonableness," requiring that it give consideration to the needs of the most disadvantaged in the fulfilment of its constitutional obligations. The Grootboom case concerned the right to social housing.
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 ruling provided ...
Certain constitutional rights are extended to juristic persons as well as to natural persons. Section 8(4) provides explicitly that, "A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person."
The rights such as the right to public participation, equality, human dignity, and access to information are amongst the cross cutting rights linked with right to adequate housing as noted by the Constitutional Court in Government of the Republic of South Africa and Others v Grootboom and Others 2001 (1) SA 46 (CC) [11]
President Biden's term in office is coming to an end with just one in four Americans viewing him as a "great or good" commander in chief -- far fewer than either of his two immediate predecessors.
A Nigerian man has been extradited to the US to face charges in the “sextortion” of a South Carolina teen who died by suicide in 2022. Prosecutors allege the scammer posed as a young woman ...
The Constitution is the highest law and includes a comprehensive Bill of Rights that protects the civil, political, and socio-economic rights of all individuals. The Constitutional Court plays a crucial role in interpreting the Constitution and ensuring that laws and state actions are constitutional. [4]