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Title: | Housing rights in South Africa: invasions, evictions, the media, and the courts in the cases of Grootboom, Alexandra, and Bredell |
Author: | Huchzermeyer, Marie |
Year: | 2003 |
Periodical: | Urban Forum |
Volume: | 14 |
Issue: | 1 |
Pages: | 80-107 |
Language: | English |
Geographic term: | South Africa |
Subjects: | urban housing social and economic rights courts |
External link: | https://link.springer.com/article/10.1007/s12132-003-0004-y |
Abstract: | Low-income residents in urban South Africa have made use of the courts to fight for what they perceive as their democratic right to a home in the city. Over the past two years, three eviction-related cases that involved court applications by illegal occupiers for short periods dominated the news in South Africa. These cases, which are discussed in this paper, raise the question as to the role of courts in a democratic, yet unequally developed South Africa. Due to the high level of inequality, about half the population of the country requires the protection of their socioeconomic rights through the Constitution. However, when called upon by the poor, the judiciary is seemingly reluctant to interfere in the affairs of the executive arm of government. In his reply to Marie Huchzermeyer, entitled: Democracy, government policy, and law in South Africa, p. 108-118, Kevin G. Hopkins comments on two themes addressed by Huchzermeyer, which he restates as follows: how interventionist should the courts be in matters concerning government policy, and, if government policy is unreasonable to the extent that it is unconstitutional, then do the courts have the power to redraft the offending policy so as to 'bring it into line' with the Constitution. Bibliogr. [ASC Leiden abstract] |