c p
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
224. It is the position of this Commission
the necessity to follow legal rules in
the progressive realisation of economic, ,o,",,_u.u and cultural rights must not be
used as a yardstick by states to evade
responsibility to fulfil the obligation
to provide housing for those that are
for housing. The requirement
for the Respondent State to act in
with domestic law does not
trump its domestic and international
rights obligations to prioritise the
Complainants and any other set of
groups in the process of
allocating its resources, and to act fast in
225. The Complainants have repeatedly
South African courts that they are
occupation was at the behest of the
confirms that their occupation of the .-'...",....o ...t-u
remove them from harms way
suggests that unless the
unintentional illegal occupation
not to be evicted and
for purchasing the ,....,,..,,....,o ..."I"u
the 76 affected
providing alternative .....
~'"V~.LLUL'"'''L.....
for that purpose.
"
the right of th~i~Ji:i~iul
government 1fnder tii:~
Charter. HQ)':'tever,
Respondent $f~te.
on the record before
but that their
housing concern,
and the responsibility of
as well as the African
, ".".;' ,~
226. Between 2004 ii':i1.(;12022,the
has had nearly two decades to seek
alt~;rna,tiveaccorilt1iqq~tionor bl1yJand
op the property for the settlement
of th~<,GQmplainantsC~~:'~Pfe¥i~H$ry
OV,""'I!II~CO'
by the Municipality. There is no
indicii~iori::t~~t;.tpeGo.Jernffi~ht plans
utilize the option of formalizing the
Compl~:P1an!~~;;s~:ty~~peflt
on the
. Rather, the Government relied on
AnnexufeSi.RM8 titled:;:;!i;Wetland
and Functional Assessment for
WadevilleExt. 41" bY'Wetland
Services (Pty) Ltd dated October
2007, and t~M 10 titled the "
Station Report" by the Ekurhuleni
Metropolitan-Municipality dated June 2016, to buttress the point that the
property is unfit for human habitation.v"
68
First Submission on Merits on behalf of the Republic