The right to housing : challenges associated with the 'waiting list system' Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

• Pages: 112-121
• Author: Shamier Ebrahim
• DOI: 10.10520/EJC197702
• Published date: 01 January 2015
• Date: 01 January 2015

The right to housing: challenges associated

with the ‘waiting list system’ Ekurhuleni

Metropolitan Municipality v Various Occupiers,

Eden Park Extension 5 2014 3 SA 23 (SCA)*

Shamier Ebrahim**

Abstract

The right to adequate housing is a constitutional imperative which is contained in section

26 of the Constitution. The state is tasked with the progressive realisation of this right. The

allocation of housing has been plagued with challenges which impact negatively on the

allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various

Occupiers, Eden Par k Extension 5 which dealt with a situation where one of the m ain

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reasons provided by the Supreme Court of Appeal for refusing the eviction order was

because the appellants subjected the unlawful occupiers to defective waiting lists and

failed to engage with the community regarding the compilation of the lists and the criteria

used to identify beneficiaries. This case brings to the fore the importance of a coh erent

(reasonable) waiting list in eviction proceedings. This note further analyses the impact of

the waiting list system in eviction proceedings and makes recom mendations regarding

what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2)

of the Constitution.

1 Introduction

Section 26(1) of the Constitution affords every person the righ t to have access

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to adequate housing. Section 26(2) of the Constitution places an obligation on the

state to take measures to progressively realise this right, these measures include

This case note is based on a paper presented at the Unisa College of Law Social Security Flagship

*

community engagement seminar titled ‘Land and housing: Prospects and changes’, Burgers Park

Hotel, Pretoria, South Africa,18-19 September 2014.

LLB (NMMU); LLM Labour Law (cum laude) (Unisa), Senior Lecturer, Department of Mercantile

**

Law, Unisa.

2014 3 SA 23 (SCA).

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Constitution of the Republic of South Africa, 1 996 (Constitution).

2