oa ESR Review : Economic and Social Rights in South Africa - Government's obligation to unlawful occupiers and private landowners

Volume 11, Issue 1
  • ISSN : 1684-260X



On 4 February 2010, the South Gauteng High Court ordered the City of Johannesburg (the City) to pay rent to a property owner whose building was occupied by squatters. The Court also found the City's housing policy to be unconstitutional to the extent that it discriminated against people occupying privately owned land. The Court's order will compel the City to reassess its housing programme in accordance with its constitutional obligations.

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