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Decision by. Yacoob. Government of the Republic of South Africa and Others v Grootboom and Others[1] is an important case in South African law, heard in the Constitutional Court [2] on 11 May 2000, with judgment handed down on 4 October.
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.
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.
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 economic rights in practice. The claimant, Irene Grootboom, had been living ...
At the same time, he handed down several landmark judgements in public and constitutional law. Government v Grootboom, a landmark Constitutional Court case which upheld the justiciability of socioeconomic rights, upheld a High Court judgement written by Davis in 2000. [16]
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) [8]
The Legal Resources Centre (LRC) is a human rights organisation based in South Africa with offices in Johannesburg (including a Constitutional Litigation Unit), Cape Town, Durban and Grahamstown. It was founded in 1979 by a group of prominent South African lawyers, including Arthur Chaskalson, Felicia Kentridge, and Geoff Budlender, under the ...
1 September 2024. The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995.