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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
S v Twala [1999] ZACC 18: 5 Brummer v Gorfil Brothers Investments [2000] ZACC 3: 6 S v Manamela [2000] ZACC 5: Co-written with Madala and Sachs. 7 Government v Grootboom [2000] ZACC 19: 8 Independent Electoral Commission v Langeberg Municipality [2001] ZACC 23: 9 S v Price [2001] ZACC 1: 10 De Beer v North-Central Local Council and South ...
Zakeria Mohammed "Zak" Yacoob (born 3 March 1948) is a retired South African judge who served in the Constitutional Court of South Africa from February 1998 to January 2013. He was appointed to the bench by Nelson Mandela and retired after serving the maximum 15-year term.
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 .
Judges Priya Pillai, left, Zak Yacoob, center, and Stephen Rapp, right, listen to the first witness of the 'people's tribunal' where prosecutors symbolically put Russian President Vladimir Putin ...
Yacoob's dissent turned on a narrower examination of the meaning of the constitutional directive to "facilitate public involvement in... legislative and other processes". Based on an analysis of the Constitution's use of the words "participate" and "participation", he concluded that "public involvement", as envisaged in section 72(1)(a), is ...
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 ...
Residents of Joe Slovo Community, Western Cape v Thubelisha Homes and Others (Centre on Housing Rights and Evictions and Another, Amici Curiae) [1] is an important case in South African property law, heard by the Constitutional Court [2] on August 21, 2008, with judgment handed down on June 10.