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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.
The Grootboom case concerned the right to social housing. 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 ...
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 ...
Under section 26, the Constitution created a fundamental right to housing. In 2000, in Government of the Republic of South Africa v Grootboom, [22] the Constitutional Court held that although there was a justiciable right under section 26 to housing, this had to be interpreted in the light of administrative difficulties of achieving social and ...
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]
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered ...
A landmark case in this regard was Barkhuizen v Napier, a contract law matter in which the Constitutional Court held that contractual provisions should be tested not against constitutional rights but against public policy, provided that public policy doctrine, in the constitutional era, has constitutional content which encompasses the values of ...
As the court had found in Government v Grootboom (on the right to housing) and Minister of Health v Treatment Action Campaign (on the right of access to healthcare services), the government had a positive constitutional obligation to promote residents' socioeconomic rights, but the scope of that obligation was delineated not by a fixed "minimum ...