CCT11/00

[2000] ZACC 19

2001 (1) SA 46 (CC)

2000 (11) BCLR 1169 (CC)

Yacoob J

11 May 2000

4 October 2000

http://hdl.handle.net/20.500.12144/2107

Appeal from a decision of the High Court in Grootboom v Oostenberg Municipality and Others 200 (3) BCLR 277 (CC) regarding the interpretation and application of ss 26 and 28 of the final Constitution, appeal upheld in part.

Appeal against the decision of the Cape Provincial Division (CPD) granting the respondent children and their parent's shelter on the basis of s 28 of the Constitution. The court (Yacoob J) considered both s 28 and s 26. There had been no infringement of s 28 since the primary obligation imposed by that section fell onto the child's immediate caregiver. Section 26 requires the State to put in place a reasonable programme for the progressive provision of adequate housing for all. This programme should comprise short, medium and long-term components. Appeal on the s 28 ruling allowed, but it was held that the State had failed to make provision in terms of the s 26 obligation to deal with people in crisis such as the applicants, and was ordered to devise and implement a programme that would do so.