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Lilian Chenwi, 2010. South Africa: State of state reporting under international human rights law
(ESR Review : Economic and Social Rights in South Africa, 2010)
This research paper was presented at the seminar on 'Promoting constitutional rights through international human rights law: The state of South Africa's state reporting' held in Cape Town on 22 September 2010. It outlines ...
Government's obligation to unlawful occupiers and private landowners
(ESR Review : Economic and Social Rights in South Africa, 2010)
On 4 February 2010, the South Gauteng High Court ordered the City of Johannesburg (the City) to pay rent to a property owner whose building was occupied by squatters. The Court also found the City's housing policy to be ...
Slums Act unconstitutional : case review
(ESR Review : Economic and Social Rights in South Africa, 2009)
The Constitution Court handed down judgment in the Slums Act case on 14 October 2009. The case was a direct appeal against a judgment of the KwaZulu-Natal High Court, Durban, in which the latter refused to strike down the ...
Some thoughts on litigating the right to food in South Africa
(ESR Review : Economic and Social Rights in South Africa, 2009)
Today, over one billion people do not have access to sufficient food. This worldwide hunger crisis has led to food riots in over 30 countries. Food emergencies in the world stem from a multitude of problems, ranging from ...
The right to have access to adequate housing
(ESR Review : Economic and Social Rights in South Africa, 2007)
T he right of access to adequate housing is important for the enjoyment of all human rights. A house is fundamental for human dignity and for physical and mental health, which are crucial for socio-economic development. ...
Taking those with special housing needs from the doldrums of neglect : a call for a comprehensive and coherent policy on special needs housing
(Law, Democracy & Development, 2007)
A growing awareness of the differentiation of need within the broad categorisation of the poor has led to an evolving focus on special needs or vulnerable groups, such as the elderly and the disabled. There is, therefore, ...
The relevance of the International Covenant on Economic, Social and Cultural Rights for older persons in South Africa
(ESR Review : Economic and Social Rights in South Africa, 2011)
The Universal Declaration of Human Rights of 1948 (UDHR) recognises that '[a]ll human beings are born free and equal in dignity and rights' (article 1). This equality in dignity and rights applies irrespective of age. The ...
Enforcing housing rights
(ESR Review : Economic and Social Rights in South Africa, 2009)
On 27 March 2009, the Supreme Court of Appeal (SCA) overturned a High Court judgment ordering the Ekurhuleni Metropolitan Municipality (the municipality) to buy land which had been unlawfully occupied by about 76 families ...
Litigating socio-economic rights through amicus briefs Challenges and strategies
(ESR Review : Economic and Social Rights in South Africa, 2009)
The Constitution of South Africa (the Constitution) is characterised by its extensive commitment to socio-economic rights. The courts are mandated to translate these rights into enforceable legal claims, primarily by ...
'Meaningful engagement' in the realisation of socio-economic rights : the South African experience
(Southern African Public Law, 2011)
One of the key concerns, evidenced from South Africa's socio-economic rights jurisprudence, that has impacted negatively on the realisation of socio-economic rights in the country, especially at grass roots level, has been ...