by Sandra Liebenberg, GroundUp
On 4 October 2014, it will be 14 years since the Constitutional Court handed down its landmark judgment in the Grootboom housing case. The judgment explained some of the key duties imposed on the State by the right of access to adequate housing in section 26 of the Constitution.
This ruling has helped to transform evictions law in South Africa. But what do the Grootboom judgment and housing legislation mean in practice for people facing eviction or demolition of their homes?
Of particular importance is section 26 (3) of the Constitution which reads: “No one may be evicted from their homes, or have their homes demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.”
This article explores the relevant principles applicable to evictions in our constitutional era, and examines the progress that has been made and some of the key challenges that remain. Continue reading