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;. ~ .... PR African Commission on Human and Peoples' Hiqhts Human Rights our Collective Responsibility to housing is not explicitly African Charter, the combined provisions of Article 14 on right to property, Article 16 on the right to enjoy the best attainable state of mental and physical health, and Article 18(1) on the protection accorded to family read into the African Charter a right to housing. 204. In making this inference that the to housing is implied in the African Charter, the Commission underscored the' need to not interpret the right so narrowly as to equate it only with by stating that the right to housing goes beyond shelter or having a roof <me's includes the right to live somewhere in dignity, peace the Principles and Guidelines on ESR,the Commission The human right to adequate sustain a safe and secure dignity. It includes access ,: water, energy for cookin/~ washing facilities, mettrls\ ,food I emergency services.. 58 :;r;7;~;:;, drinking tation and drainage and ~.; 205.The Commission No.4 on the ~Uf,,,,,L,~'F,'~ General Comment (1) of the International in which the Committee on nieroreied in a narrow or restrictive sense the shelter provided by merely having a exclusively as a commodity. Rather it live somewhere in security, peace and dignity. ,,<>,i'·". . "\,,,,;,·'''l!h1s'.· lS reasons. In the first place, the right to \;~\ ho~si~8:'.d§,Jn human rights and to the fundamental \:~;prinpip7'es*1:I/PQn tohicn the t is 'premised. This lithe inherent dignity of lhe_kuman pe~~?/r{" from which rights in the Covenant are said to derive requires that ::the term "housing" be interpreted so as to take account of a vart~'ty of other considerations, importantly that the right to housing shouh;111ire ensured to all persons of income or access to economic resources. Secondly, the reference article 11 (1) must be read as referring not just to housing but to te housing. As both the Commission on Human Settlements and the Glo Strategy for Shelter to the Year 2000 have which, \'>., roof \::'';::''>."should be . "~\-\UM~:-~ O'~ "1"D' case (n 55 above) para 61. .·~,o"",<>~(J'"E.iAR/4'" J()<"o.o<>-" 57 United Nations Committee on Economic, Social and Rights General C~l:f "'ent ~T, <~\ right to adequate housing (art. 11 (1) of the Covenant) (1; UN Doc E/1992/231?f~ 7. !~\ Ul ~\ S8 Principles and Guidelines on the Implementation of Social and Cu~t!a~ 'igh~tbl1e ~ ,! African Charter on Human and People's Rights 78. ;,\ct. 0 AU-UA t{? (/]. S6 SERAC § I ~,~" '\v-% '"~\\.s: I Q ~ .5>0 "" '0'V "J '<; /., I

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Communication 377/09 - Menduzaki Patricia Monakali and others v. South Africa

ACHPR Decision

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Type of Document

Decision

Keywords

Adequate Standard of Living
Cruel and Degrading Treatment
Economic, Social and Cultural Development
Education
Equality
Protection of Family and Vulnerable Groups
Right to Education

Case Head Notes: The Complainants live in Portion 41, in temporary shack dwellings on a property which is part of Roodekop Informal Settlement (RIS). They previously lived in Portion 40 of the RIS, where they experienced frequent flooding to the point that it was uninhabitable at some points of the year. They have complained to the appropriate authorities in South Africa regarding their homelessness, and requested that priority, and resources, be given to their needs, including alternative housing which they say should have already been built. The Complainants state that, in 2006, the owner of the Property, attempted to evict them in a Court proceeding. The Complainants submitted a counter-application against the municipality, praying that the muncipality had a constiutional and statutroy obligation to have a program in place to address their homeless situation by purchasing the property from the Trustees and giving adequate resources to the Complainants needs. Based on court documents, the High Court found that the municipality failed to put into action an appropriate emergency plan to address the plight of homelessness in RIS and ordered the Municipality to purchase the property and make provision for essential services for the occupiers. The Court of Appeal set aside the High Courts decision, and the Complainants' appeal to the Consitutional Court was unsuccessful. The Commission found no violation of Article 5, stating that the Respondent State cannot be held responsible for the poor conditions when the Complainants lived in Portion 40, because they did not authoritze the Complainants accomodation in the first place. Additionally, the Commission stated that there is no clear evidence that the Respondent State has violated Article 5 with respect to Portion 41 because there is no clear evidence that the Respondent State is not following due process to meet the demand for housing. Specifically, the Commission stated that there is no specific obligation for the Respondent State to address the housing and other problems of the Complainants within a timeline demanded by the Complainants. The Commission found no violation of Article 17 because there was no evidence that a violation of the right to education had actually occurred. The Commission found no violation of Article 18, but, regardless, it urged the Respondent State to address the Complainants housing issues. The Commission found no violation of Article 19 because they state that the information provided by the Complainants did not demonstrate that they are treated differently from others of similar conditions. The Commission found no violation of Article 22 because they stated that no evidence was advanced by the Complainants to demonstrate that the state is to blame for the Complainants deplorable socio-economic conditions. The Commission found no violation of Article 24 because, while they state that there is room for the Respondent State to improve its program in creating a healthy environment, the evidence does not support that the gaps in the Respondent State's efforts are to a level that meets the requirements for finding a violation of Article 24. Regardless, the Commission states that the Respondent State should make extra effort to adopt targeted measures to address the housing conditions of the effected community with urgency.

Country

South Africa

Outcome: Decided on Merits

Year Decided: Aug 2, 2023

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 17: Right to Education
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 24: Right to a General Satisfactory Environment
ACHPR 5: Cruel Inhuman and Degrading Treatment

Rights Not Violated (ACHPR Provisions)

ACHPR 17: Right to Education
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 24: Right to a General Satisfactory Environment
ACHPR 5: Cruel Inhuman and Degrading Treatment

Duration of Procedure

Aug 13, 2009 ~ Aug 2, 2023

Country Geolocation

Latitude: -30.559482

Longitude: 22.937506

Country Geolocation (linked ACHPR Decision): South Africa

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Menduzaki Patricia Monakali and Others v South Africa.pdf
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Communication 377/09 - Menduzaki Patricia Monakali and others v. South Africa

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