The high court orders an Eviction leaving citizens homeless

Evictions in South Africa are against the law therefore citizens cannot be evicted from their houses without a court order. The government has to provide alternative housing for people as they have the right to housing. If the government evicts people and leaves them homeless then it has violated their right therefore the people have to approach the Court. 

Ms and Gima are right to the approach the court as the government did not provide alternative housing for them.

These hese people are right because all citizens have a right to adequate housing.

Justifiability of the right to housing in courts at all levels is needed in order for the State to effectively respect, protect and fulfill the right to housing. Adequate housing forms an indispensable part of ensuring human dignity. Persons who are denied such rights face gross violations of fundamental rights such as the right to an adequate standard of living and the right to privacy.

One important aspect of the issue of homelessness is whether citizens have a right to shelter and should be enforceable against the State. Whether squatting should be treated as unlawful occupation of land or as a socio-economic reality that has to be resolved. It is necessary to have a Human Rights approach to the right to adequate Housing since it departs from a welfare approach to homelessness by demonstrating that homeless people are not simply objects of Charity.

A Human Rights response to homelessness would involve all levels of government committing to and taking concrete and targeted legislative , policy and budgetary steps towards the full and immediate realization of the Human Rights of Shelter and adequate housing.

The Constitution provides that when interpreting the Bill of rights , a Court , Tribunal or a Forum must consider international law and may consider foreign law. It is for this reason that the international perspective on housing is reflected in South African national legislation and constitutional courts judgements.

Internationally , the right to adequate housing and protection from evictions , is established in article 25 of the Universal Declaration of Human Rights (UDR) as well as Article 11 of the International Convenanton Economic , Social and Cultural Rights (ICESCR). The provisions in these respective instruments recognize the inter-connections of social economic needs and emphasize that housing delivery must be planned to ensure that communities can access social services and economic opportunities.

The most important aspect of national enacted to give effect to section 26 of the Constitution , which protects against evictions , is PIE. The PIE Act provide safeguards against the evictions of unlawful occupiers living on both Privately and Publicly owned land. The PIE Act covers all those not protected by other legislation which provides protection for specific individuals or communities facing eviction.

The right to housing is a nexus right. The right to housing is enriched in section 26 of the Constitution , which states that:

(a) Everyone has the right to have a access to adequate Housing.

(b) The state must take reasonable legislative and other measures within its available resources to

achieve the progress realization of this right.

(c) No one may be evicted from their home or have their home demolished without an order of

court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.

Actions by government that materially and adversely affects the rights or legitimate expectations of any person must be procedurally fair. With this being said , the eviction was lawful , though leaving citizens homeless became a violation of the human right , Government could at least provide housing to the less fortunate who were ordered out of their homes.

NWABISA MZIBA 220455465