R
African Commission on
Human and Peoples' Rigll}S
stated: "Adequate shelter means ...
security, adequate lighting and
adequate location with regard to
cost". 59
Human Rights our
Collective Responsibility
privacy, adequate space, adequate
adequate basic infrastructure and
and basic facilities - all at a reasonable
206. In the present case, the Respondent
submitted that it recognizes the right
to housing under Section 26 of
of South Africa. That it has further
given effect to this right in several ....'D,rbc of legislation adopted by the South
African legislature.
207. The Respondent State also argued that it
address the housing crisis of the
Municipality is required to comply
effect to the right to housing under th~l;.I:<,;::~,m$tU:u
purchase the Property or
Complainants.
within its power to
to do so, the
law that give
proceed to
the
208. The Respondent State
Government is obliged to
obligation of the
to uphold the
occupation of property).
",~~
.:
'\'
-:l.'
ty has an obligation to
the appropriateness and
law and to ensure that
Africa's fiscal responsibility
submitted that if the Municipality
any other property for that matter
rules, such expenditure could be
its fiscal responsibility laws, which
the government officials involved.
210. It is the cas,,,~;;,_of
the C mplainants that though they are upon property that is
owned by a'~:p'i;i~f,lte
third party, they en
upon the property at the instance
of and with rlie permission of the
. In fact, the Respondent State
admitted in its arguments that,
the, Complainants "were moved onto
the Property as an emergency measure
a flood in the area where they
i
59
United Nations Committee on Economic, Social and'
right to adequate housing (art. 11 (1) of the Covenant) (1