AC
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
important role for the Commission.
that, in this case, its legal framework
responds specifically to the realities
South Africa. The Respondent State
amplified this point by illustrating tha within its national context, it is for the
Respondent State to determine what
need to be followed in order to
realise the rights protected both within
South African Bill of Rights and the
African Charter on Human and
I Rights.
116. The Respondent State also invoked the
argued that the Commission is not
of the South African courts at
Government drew the attention of the
Republic of South Africa, where this
subsidiarity informs the African
human rights instrument does to its
such, the Commission cannot
the Respondent State.
117. The Respondent State also
rights in the Principles an CUl
Cultural Rights in the
"progressively and
the resources av
is taking
Rights in the
.
.
of subsidiary. The Government
to substitute its decision for that
Complainants. The
decision in Prince v
the principle of
tional or regional
under it. As
"'TQ',.,,,,C
African Charter.
118. The
the period from 1994 ending in the
3.7 million houses to those in
2013/2014
"....
•...
't·,,'),":.!,'~,',~tely
24
%
of the formal housing stock
need of
access to housing to about 12.5 million
availabTe3nthe
\' : .,,,....;:,.>;',
that according to official figures
SoutRi\AJricatl~~,
The
as of 3 May 2016, 4.3 million houses
from if§2'pep~j:~~J{lt,?fHuman
to more than 20 million South
and hoJ~ip,g~"'subsitlf~~~;iflad
been
Africans. '~~d that th~::>Departmentof
Settlements has set a target of 1.5
9,24
million more-houses to be delivered by
r-
119. On the principle of proportionality,
balance must be struck between the
public interest. The Respondent
Respondent State argued that a fair
of the general interest and of the
argued that
African Commission on Human and Peoples'
of Economic, Social and Cultural Rights in the African
24 First Submission on Merits on behalf of the
of
23
Page 23 of 51