":-, . ,- , AC PR African Commission on Human and Peoples' Rights . - Human Rights our Collective Responsibility 7. The Complainants also allege that have submitted applications for alternative housing for shack dwellers the Municipality under the plans and programmes of the Gauteng Government in South Africa which ought to have been built within five from 1997. Due to a lack of ample provision for their informal settlement the housing plans of the Municipality, there is no supply of electricity to shack residences. They rely on the burning of coal fire for cooking and ..':T<,.,. ...... f-h which often cause shack fires, injuries and deaths. They claim that July 2009, a fire incident which arose from the burning of coal on the led to the untimely deaths of two residents. 8. The Complainants claim that they ha without any houses in sight from the (T{;nTI3,.:nrn of meetings with representatives of address their housing crisis; and of the authorities including an from the IDM Trust, there has 9. The Complainants claim the Property, the IDM Trust brought an" Local Division of the High Court , to South African law. The Compl~<:li¥l~A_t~ a counter application against the Myfjiflpality that the Municipality was under a constitutional and sta have a policy and programme I " in place to address the situation by purchasing the property frOni(;fheTrustees for a and give adequate priority and re~ources to tJi~ir:,:{leeds.They also/\ t an order to prevent the IDM Trust fr6iv]:'~:yicting th~11}\£l'Qm the Property suitable alternative accommodation or la~a~~~;:clv.ailable'tb~t1eh1j::;'-;::->:' -'\~~h,>i'-';:·;;]ti}\:~!~~}'~'" ~ ' .. -~":~;'~'> _;,;i:,> waiting endlessly have held a series t to part buy the property 10. Based 'Q'lJ cou '@<?pments provided the Commission, it is shown that the High Cd~~_t:'~&bnd-'th~t~~Jfie Municipality to put into action an appropriate emergency/plan to address the plight homelessness in the Rooikop Informal Settlement \':, d ordered the Municipal government to purchase the Property from the ID >ustfor the sum of 000.00within 30 days of the order as well as make 'provision for essential to the occupiers.' 11. The Municipality lodged an appeal t the High Court's order for the purchase of the property at the South Supreme Court of Appeal (SCA). In upholding the appeal, the SCA that while the trial court rightlx; fQund that the Municipality had not adequa I dealt with the complai~~~~ of homelessness on the Property, it was justified in adoptin~@ffi~r6~/ffiat<': ~ 1 See Ebrahim Dada NO & Others v Unlawful Occupiers

Sélectionner le paragraphe cible3