The Government of the Republic of South Africa v. Grootboom

2001 (1) SA 46 (2001)

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The Government of the Republic of South Africa v. Grootboom

South Africa Constitutional Court
2001 (1) SA 46 (2001)

  • Written by Liz Nakamura, JD

Facts

Irene Grootboom (defendant) resided in Wallacedene, a public squatter community in the Cape Metro area, while she waited for government low-income housing assistance. Most low-income housing applicants waited years for assistance. Because of the inhumane conditions in Wallacedene, Grootboom, along with hundreds of other adults and children, left Wallacedene and established the New Rust squatter community on nearby private land. Grootboom and the other residents were later forcibly evicted from New Rust by municipal authorities, who bulldozed the housing structures and burned the residents’ possessions. Grootboom was rendered homeless. Grootboom filed an urgent application with the Cape of Good Hope High Court seeking governmental housing assistance. The High Court ordered the government (plaintiff) to provide basic shelter, holding that the South African Constitution guaranteed access to adequate housing. The government appealed, arguing the existing government housing program fulfilled the constitutional requirement to provide citizens with access to housing. The existing government housing program, framed around the Housing Act, involved municipal, regional, and national programs, financial subsidies, and new home building projects, all geared toward a progressive realization of every individual’s constitutional right of access to adequate housing.

Rule of Law

Issue

Holding and Reasoning (Yacoob, J.)

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