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ACH.PR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility Finally, it has to also show that it is deploying its available resources in a manner that displays both commitmerlt to expand access to socio-economic rights and to the implementation of its risponsibility, 220. As the Commission notes in the princiPIIs and Guidelines on ESC Rights: The concept of progressive realisation mea I s that States must implement a reasonable and measurable plan, including set achievable benchmarks and timeframes, for the enjoyment over time of economic, social I-and cultural rights within the resources ~vailab~e to the state party. Some obligati0r"s in, rela~g1jl7t~i'R,rogressiverealisation are Immed~ate. For example. ,States have an 0[jII~gationi9ilake'~'~Mf:reteand targeted steps to realzse economic, SOCIaland cultural tIghts., ;;~~essentl~J" needs of members of vulnerable and disadvantaged groups shorld b fir~(t''sed in)all resource allocation processes. " ,. "'!<~ _:t;,_ . ,<_. .. ' . . , -. _ ',..:-:.:;;~,_~'._ '<;~7:;'~) 221. In the present case, the impE7l'X~i~~threat, of Wq~~lessne "~that the Complainants ~ace should 0,'~~4narilYI:: ~~icit./~pme ur'g~~t:,,>,:~sponse from Government WIthout prom2:~!;lif~:,As a', Pflrhcularly vulne~;~Ple group, the Respondent State has an obligat£6'l1i't.Q ur~entI»'$~ke concrete and targeted steps to address the essential ),;freedsof the;'~" Iplairia~~~';\ <,t;:~:fJ,j};,!: '" ;:,!,'~\~.r-. '«~... 222. On the issue of prop~r'ti8~~lityi :~~~Res ;::~~:nt St~~~-::'s~bmittedthat there is a need to balanc~(!p~'inclividtl?~kJ~f~~ests bf t~~,;:~9,wplainants against that of the public interest.The Responde'i1.t'!~,!fltesubmitt~~}fhat the Municipality has been and still is (in the process '0t.~l;"mro~idin~{'appropriate housing for the Complainants.v'The Respondent §t~t~,),iJldicated that the Municipality has identified altei:rt~tive land for dev,~lofu~~nt and is in the process of finalizing ",<,,' I th~;)ast legislative.requirements qefore <construction of houses can commence. Th~:<'~~s,R~ndent'~t~~e ~lso s~~~itted .t+at the administrative process for .the prov~~non:.~8f'):lOusmg·l:ltlc:l,e:t:.~Quth Afncan law may be cumbersome and time consu~~ng;;iH);(i1,:thathe Mli'nicipality hJs no choice in the matter. And that the Complid~)~~~~yIWilt';'R!~,,~SJlongst the pers?ns to benefit from the housing once ~t has been '\~~nstructe~£twp7The Responde9t State argued t~at ~he government IS best placed~t9 determme how to accommodate all competing interests, "0000, " \t:'}o"",,(,> 223. Considering i;]:ie/length of time that has gone by since the Complainants first allegedly submitted their application for housing, the Complainants have argued that they are not satisfied tHat there is any real seriousness or commitment on the part of governmen, to address their housing ,:!is~~~ an urgent way. ~llMAN A.I.>~ '"0 0'" c,'{t'2.iARIA,]" D ;O<=: ~ ,IJ<: o-<>~\.'\ <0'If>\' sfo ul?l\ c?; c,,<C; lI,f? t,~ .\ , u o I' i'2 -IH I 1 0 , 12 5,~~t '\ ~.<i 67 First Submission on Merits on behalf of the Republic of South Africa para ",&/0 'o~ D. \: AU-UA 0 C 11'. ~0 ~ 'V A.':RICP.\~ -" <0 " 1::.<:> j/ o,l' .y0<i 4" '"~iB.a"g~1~~I:~51 ~~~ ..~

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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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African Human Rights CLA 2.0

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

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