ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 100. The Complainants argued that the neglec by the Respondent State's municipal government to fulfil its obligations to pro~ide! housing amounts to a violation of their right to respect for human dignit~. They argued that the fact that the Applicants now face imminent eviction and homelessness at the hands of the IDM Trust due to the Municipality's misrepresentation and neglect is degrading and that such inhuman treatment is prohibited by the African Charter. 101. The Complainants also submitted that ~re occupying Portion 41, many of the current occupiers of the Property submitted their C forms, containing an application for housing, to the Municipality.v J;:;Q~~:'~81;gued that it was their understanding that Reconstructive and D~veloRW'~r;_t'P{'''''''' amme (RDP) houses would be built for them within five ye~rs, <i£~;~8!.,earlieVI"~ s from 1997. They claimed that on 20 August 2004, frustrate? hy'y~a~';';J'2fw~~i!ng for houses, they met the Councillor for Ward 35, Germi~~rt~'A:~r,iel'M~~.am1f· . ,',q advised that the Property had been purchased ~~~S~pali~j~~~,. t at·&lii)eside~ts were now free to move on to the .gFopert~{,since ~li-eRDP 11.~~~eswould be buil t thereon. They further claimedthat this r~.pr~s~n.tation by tIl. ·lJiricipality was reinforced by the MunicipalifY'~;f5to.~ure~el).t:.qf a Grader on. ovember 2004 to grade roughly half of ~be Propeitifgr theit"d:~~~ling on the property in early December by the 76 ~9us¢,holds. ):~:)".I.). '. ,pi;;t,hr 'j, " 102. The complainaI}t~~s~t~~S~~~it~:B~i~~~ t~J'~~~~Jact~h~'t the Applicants took the in~tiative to re,s'.~l~etheir housi~&,~nd livihg Fjjy~Jems i~ Portion 40 by engaging WIth t~e proM~ncial ~nd local g~~~~~~nt p~oves theI~ ~es~erate need for a better hfe. Tlh~y claimed that the"des:,~s~cmof the Municipality to leave them high and drY"~~'1~ucha critical tim~ 'ot~fed while givin.g assurances .:hat their problem of n~np,~lessness was ;')beInf addressed IS reprehensible and uriacceptable, and :~~<?,~~ted t~ ;~:liolat· on of their dignity under the African Charter . '. ,., ".'. v \~ ,<. '... ,..... '. . ,\' , j_>; :::.).;v' ; '. (ii) Alleged vio?atio~. of/rrtic:les 17, 18 and 19 of the African Charter '. -, / '\._"." / '~"''''' 103. The Complainants "0' .: <», ': s~bmitted that the Respondent State has violated the provisions of. Article 19 of the African Charter. They contended that by failing to address the housing problem they face, 'the Municipality has forgotten that the Applicants hk-\i-ehuman rights that n~ed to be protected.'19 They further contended that the Municipality not only has a duty to assist them in terms of the Housing Act an~ the Constit:rtion of)th~ Republic of So~th ~fric~ has a duty to provide them WIth alternative accommodation m<"-"t'~~~f~, • • I <.~ eviction, / ~0 ~""I'?-\I\T .1'1> 1}-::0~ ;l <0 v'<' ~ QlS} (:j .. . ... ~. (~ ,)!;i 'Q '\ °tll ~ ~ "iiU>~ Complainants' Wntten Address on the Admissibility dated 22 February 2010 pa~as 1.4. ~'" ~/~ g; tl 19 Applicants' Response to Respondent's Second Submi sion on Admissibility dated S M\trch"20JJ~1>- !f}!!} I I>QQ./! paras 1.1.7.1. ,1;, C'c ~0 i'(I' 18 V "-v '<:' '." !:l? "ISS/ON c}~ 0'< I\';~~ of(; .' "~~Jifr5~~ .

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