ACHPR African Commission on Human and Peoples' Ri~hts Human Rights our Collective Responsibility Commission's own guidelines acknowledges that the rights of the Complainants cannot trump the rights of the community at large, but must be balanced in order to achieve a fair result.: 120. The Respondent State submitted that the Commission must apply this principle to the facts of this case by recognising t~at the Respondent State must balance between the rights of the Complainants with that of, first, the wider South African community in avoiding wastefrll expenditure on land that cannot be developed and, second, other people i I a similar situation with that of the Complainants who also must follow the procedu:nr;~or>Cl,cquiringhousing, and, /' \ third, protection of the proprietary rights of the 0wners"ofthe Property. ~.,,, ~'" ' \' ~ (i) Right to housing \\'">::,, <~:':',? ;:; T' -. .' 121. The Respondent State submitted that prnna.".".recourse of~th¢Cb~plainants in terms of the right to housing is s,,~ft, 26 of it~)\f=onstltti:q.R,n. Se'ctibr{26 of the South African Constitution pro~i<;tesfo ri ; f access 'tq,'~~~"qpatehousing. The Respondent State not~d;'\tt~at al~ his right t§9'C)grused in its Constitution has no dire~t eciuiv~i~l1.t.in the ';~ti~J,~an Charterr'this Commission has held that the right to-housing is pro ected ih~;, e African Charter through a combination of provisfo~"protecting#ief:i!&,ht to " \;.,,,~Fty(Article 12), the right to th~ highest att~~~~~~esta~~~r~;,~t·~m:nt~l~~Il~p~~:~icalhealth (Article 16), and the right acco~,~:eBto't~e fa~l,x«~rtIc~t 18);~~.;~s such, th~ Respondent State :;;~~:d to ad~SS the right to terms of the combmed effect of these hq~Sl~;;! 122. The RespondeI).,J,State submitted ;,tha,tt>iheright of access to housmg under sec~i<?n26 .of the:;;$,;~,~S~ Afric~ C~#stitu~ion has been dealt with extensivel~ by S?u~~\Afr).~~n c~urt~~:~~t~t}!;c~~!~~te.T~e Responden: State alluded to ~an~us pIece~;pf1~gIs.l~tIon tnat~na,Me~eeenenacted under section 26 of the Constitution to give,:~£fect"9,9~P4P.the right to access to housing and the prohibition against arbitrary"evic'iions.',,,1)iest::dnclude the Ex~ension of Security of Tenure Act 62 of '" ' ' ';. I 1997, the Prevention ,of'Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998, the Housing Act 108 of 1997, the Development Facilitation Act 67 of 1995, the ~at~cmal Environment Act ]07 of 1998, and the Municipal Finance Management-Act 56 of 2003. I 123. The Respondent State submitted that tie competing interests between South African law and the Complaint currerttly before the CommissiC-)TFN-"require a . I .~~ ",UNiA AIVfj~ balance between the South African I government's oI;)'$"a!WniAltuil(1el1o~the Constitution to provide housing and the basic principle/ptt e.... c;ove.rnm'€J1t i 25 First Submission ff; t~ jH on Merits on behalf of the Republic 10fSouth Africa, pa~ ~.1(b itin~SEMC affrl C; Another v Nigeria (2001) AHRLR 60 (ACHPR 2001». p,'J~0g""I'/) / \\.s, ~<:> "'I '~}06.\.5' .>~Oly A':RICP.\~ «..::,~. ;', (";.;01\7 o~s'?_/- ,!a.'ge;-~4of 51 ~'''4 ..

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