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Homelessness in South Africa dates back to the apartheid period. [1] Increasing unemployment, lack of affordable housing , social disintegration, and social and economic policies have all been identified as contributing factors to the issue. [ 2 ]
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.
The Constitutional Court held that the issue of whether socio-economic rights are justiciable at all in South Africa is put beyond question by the text of the Constitution as construed in the judgment Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa. [6]
Anti-homelessness legislation can take two forms: legislation that aims to help and re-house homeless people; and legislation that is intended to send homeless people to homeless shelters compulsorily, or to criminalize homelessness and begging.
The South African government has been criticised by Human Rights Watch for deporting hundreds of thousands of Zimbabwean refugees and treating victims of political violence as economic migrants. By sending refugees back to persecution, Human Rights Watch has asserted that South Africa is violating the refugee convention and international law. [25]
To that end, a 2021 report by the National Homelessness Law Center found that 48 states have laws criminalizing homelessness such as fines for sleeping on benches, sidewalks, or in public parks.
Section Nine of the Constitution of South Africa contains a guarantee of equality and a prohibition of public and private discrimination. It obliges the national government to enact legislation to prohibit discrimination, and a transitional clause required this legislation to be enacted by 4 February 2000, three years after the constitution ...
Hoffmann v South African Airways (2000) — a government-owned airline's policy of refusing to hire HIV-positive people as flight attendants violates the right to equality. Satchwell v President of the Republic of South Africa and Another (2002) — pension and retirement benefits provided to the spouses of judges must be equally provided to ...