ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
rights by the means at their disposal, the obligation will be, "to take measures
necessary to ensure that each per~on toiihin its jurisdiction may obtain basic
economic, social and cultural righis sa~sfaction.54
192. In the instant
case, while the evidence adduced by the Complainants
sufficiently depicts highly concerning Iiving conditions in the Rooikop Informal
Settlement, they do not sufficiently ti~the Responde.nt State with liability for
those conditions. The Respondent St e cannot be held responsible for the
living conditions of the Complainants in Portion 40 for the period that they
lived there, having not authorized the Complainants-.accommodation in the
first place.
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193, With regards to the living conditions ([)f!~.~
C0~.B~aina~ts in Portion 41, the
Commission finds that the Respon9.~llLi.,~,~~~e
~he-~'\a,1;t;~'2pH&~~on
to take
;!.·.~.\,:~i~;e
...~~;.~~~~~~~
~~r~;~~~~it:~:s:::
i:o~n~;f~.~~t~~,lt.;e.e:
also finds that the RespondentSfate Sli:ZU~9
show its partic~la;1::
..programme or
~i~:~~~~~:s~~~~!~bJW~~:!~\z:i~ :~::~~:;f~~;:ti~~t:
the Respondent State.,:~~~:address
t
Complainants withiru/a:'Hm~,limitd,
194.
\, usipg ~~~~s,~ss?ciatedproblems of the
a
' by the~Cbp,:plainants,
TheResponde)'~i';i~;i,':Vo~~~}teld
res~o'~~;.fd;violation
ofthisrightwith
respect to t!:e· Complainants 'il~;,;JheRresel1~V'case,If It failed to take any
appropriate measures inc1uding"fii;, 'litationVof resources to respect, protect,
promote and\l4lfill these rights for' , 0uth Africans lacking access to these
basic services;";Qt\.ifit discriminated ag inst the Complainants in the process of
pig ..iding acces~:,~ci)these
services Souih Africans in the same situation.
)t9
195.
~~~;i~:m~i::;;~!~!:£r
~:tet:g r:s;!~;a!o~h~ff:ll~~~:
~~::
SOcio-~2'~~,Wic'
rig~~,~',;,g&jfthe
complai,na1ts is whet~e~ the ~es?onden~ State ~as
an obh~at~~n specifI£,;;:tb
the. Complama~t ,for providing unthin a particular time
the servicesghat the Complainants are ladking access to.
196.
;~~~o~::,~~t:g:~tdf~l~i~~~e;:b::~~~:~f~~t~: :f~~:::=~
for housing, there is no clear indication that the Respondent State has violated
Article 5 of the African Charter. For that reason, the Commission finds that the
Respondent State has not violated Article 5 of the African Charter.