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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. ...
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 ...
Delineating the content of the right to social security : CESCR general comment
(ESR Review : Economic and Social Rights in South Africa, 2008)
The right to social security is of crucial importance in protecting the most vulnerable and marginalised members of society, especially those living in dire poverty. Social assistance is essential in ensuring that persons ...
Legislative and judicial responses to informal settlements in South Africa : a silver bullet?
(Stellenbosch Law Review, 2012)
The growth of informal settlements or slums has been an issue of concern for many, with international initiatives increasingly focusing on informal settlements, particularly the need to improve the living conditions in ...
Implementation of Housing Rights in South Africa: Approaches and strategies
(Journal of Law and Social Policy, 2015)
Ensuring access to adequate housing, especially for the poor and disadvantaged in society, including those faced with evictions and displacement, continues to be a global challenge. The situation remains critical in South ...
Putting Flesh on the Skeleton: South African Judicial Enforcement of the Right to Adequate Housing of Those Subject to Evictions
(Human Rights Law Review, 2008)
Access to adequate housing is one of the greatest challenges facing the South African government today. The country’s housing situation is
characterised by a severe housing shortage, a huge backlog in the provision of ...