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University of the Western Cape

High Court Cases

Centre for Child Law and others v The MEC for Education and others Case No. 19559/06 (T)

Children’s rights – the right of every child to appropriate alternative care when removed from the family, and to be protected from maltreatment, neglect, abuse or degradation.

City of Cape Town v Neville Rudolph and Others 2003 (11) BCLR 1236 (C)

Evictions- the constitutionality of the Prevention of Illegal Squatting and Unlawful Occupation of Land Act 59 of 1998 (PIE). Housing rights- the right of access to adequate housing.

City of Cape Town v Persons who are presently unlawfully occupying Erf 1800, Capricorn: Vrygrond Development and Others [2003] 3 All SA 371 (C)

Right to housing – Application for eviction – Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 – Whether section 4 applicable to evictions by State

City of Johannesburg v Rand Properties (Pty) Ltd and Others 2006 (6) BLCR 728 (W)

Eviction - the right not to be evicted without an order of court after considering all the relevant circumstances - the effect of this guarantee on statutory provisions empowering local authorities to evacuate areas in certain circumstances.

Despatch Municipality v Sunridge Estate and Development Corporation (Pty) Ltd 1997 (8) BCLR 1023 (SE)

Housing-Land invasions- question as to what respective duties landowners and municipalities incur in the context of the eviction of unlawful occupiers from privately owned land. Right not be evicted without an order of court in terms of S 26(3) of the Constitution of South Africa- Constitutionality of section 3B of the Prevention Of Illegal Squatting Act 52 of 1951 which entitles landowners to demolish structures erected on their land without an order of court where the said structures were erected in the absence of prior consent.

Jaftha v Schoeman and others; Van Rooyen v Stoltz and others [2003] 3 All SA 690 (C)

Right of access to adequate housing – Section 26 of the Constitution of the Republic of South Africa – Whether section includes a right of ownership of immovable property and whether Section 66(1)(a) of the Magistrates Courts Act, 32 of 1994 which authorises sale of such immovable property in execution, including State aided housing is unconstitutional.

N and Others v Government Of Republic of South Africa and Others (No 1) 2006 (6) SA 543 (D)

Right to adequate medical treatment – prisoners’ access to anti-retroviral treatment (Case No. 4576/2006 (DCD))

Residents of Bon Vista Mansions v Southern Metropolitan Local Council 2002 (6) BCLR 625 (W)

Access to water - discontinuance of existing water access – Water Services Act 108 of 1997 – Urgent application

Uitenhage Local Transitional Council v Zenza and Others 1997 (8) BCLR 1115 (SE)

Administrative law- Public authorities seeking the eviction of unlawful occupiers from their land have the same rights as ordinary citizens who are landowners. -Right of access to housing- Section 26(3) of the Constitution, right not to be evicted without an order of court after considering all the relevant circumstances.

Van Biljon and others v Minister of Correctional Services and others 1997 (4) SA 441 (C), 1997 (6) BCLR 789 (C)

Prisoner's rights - section 35(2) of Constitution of South Africa Act 108 of 1996 - Provision of medical treatment to HIV positive prisoners at state expense - failure by state to make case that it could not afford - court not to order doctors to prescribe drug