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ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
occupation without either dealing fairly with the owners or correcting its own
mistake.
232. From the facts of this case, it is clear that the Complainants are in no position to
afford proper housing otherwise they would not be living in temporary shack
structures. If they get evicted from the Property, there is no alternative land on
which to erect their temporary shelters. This will unfairly expose the
Complainants to the elements and undoubtedly violate their dignity as human
beings. As a group of people, who have howhere else to go, they are entitled to
insist on their right to housing under thk ConstitH:!:~§p\;Q,f
the Respondent State
and the African Charter and to invoke the obl,~g~tlo;t~<Q~:~,t.he
Respondent State
to fulfil it.
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233.Havingcomeupon the Propertyat the,~f~e~f
' '~~~i:'ij!f'~'lI.t,it is no fault
of the Complainants that they. be,~~:B~[U,r"
aWfut':,?CCUPt~~~,',"""O"
f"pn,
""r~perty.
The Government has an obllgatiorr; to:'I.,addres~,,;
the um~~,yful occupation of
property belonging to a third :p'arty which was.a tempoii1~:Y,l'ffi~asureit took
when it brought the ~omplaili~~~~~~,F"
onl,"th~I)?'~"O"
perty by pr~~~a:i~g temporary
shelter for them pendingwhen the¥sr,, vk acce~,§?toadequate housing, As such,
while the Commission<f'ci'oes
not fin" , violation-of
Article 18 of the African
:A/:1,':~!:\ :;i.~,_,.
.<;':<~-::.,,>: ."
Charter, it urges the~;e0¥:~ln1nent
s the 'It!~galoccupation associated
with the tempo.rCl~y~,~,cc~~~,?iN' n of [ ~i~~,~~rl~'lnants in order to protect
their right to faniily
life-in liriet "ih the A ricai);:~llarter.
, ..
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Alleged violation of Article 19
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234. The Complainants also alleged a Vi<ol~trg"of Article 19 of the African Charter.
ArtiG,le19 of theAfrican Charter P!.9vide that:
\:-:~;~[~~'>:':'h
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"'C\::,,:, ",:- .. ,', ", ,,', ,', ,),.
AWrrl!fdpJ~s,\~ball
be eqtidl;~l~¢r{shallenjoy the same respect and shall have the same
right~j:,NotPting;slzqll
justifY the domination of a people by another.
...
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i:~:~,,%-Fif~~~
235. Ar~icle
-iii:~:j~qUalityof all pe9ple~, and the right as a co~lective to
enJoy the s~ple respect and have the saIIjle nghts as other South Africans who
have been p" viged housing by the Respondent State.
236. The complairia~~s submitted that they 1eserve to enjoy the same rights and
respect as the rest of the country and the !only way to enjoy such right is by the
Municipality delivering on its housing obligations with respect to the OCC'l!R~!l~~
of Portion 41.71
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Applicants' response to respondent's second submissii n on admissibility on beey _ 03 e r~ti1?1ic
of South Africa (date 8 March 2013) para 1.1.7.2.
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