VAN DER WESTHUIZEN J set in national and provincial policies. Grootboom does not place the primary responsibility to fulfil the right of access to adequate housing on local government, but rather requires local government to respect, protect and promote this right. As to emergency housing, Grootboom requires national government to devolve funds and make provision for those desperately in need of shelter. [51] According to the Occupiers, the City is entitled and obliged to use its own resources to fund emergency housing under Chapter 12. Application to the province for funds is a measure of last resort to be taken when the City lacks the resources to address the situation. The Occupiers are supported by the amicus, submitting that the City can fund housing under Chapter 12 because of its duties to prioritise ―basic needs‖ under section 153(a) of the Constitution and sections 1, 4(2) and 73(1) of the Municipal Systems Act.53 It further submits that co-operative government failed in this case, but the obligations on provincial and national government under principles of co-operative governance and equitable allocation of revenue do not exonerate local government from predicting and planning for basic services, including under Chapter 12. The amicus argues that Chapter 12 draws a rational distinction between wellresourced municipalities – which are required to provide emergency housing with their own means if able – and under-resourced municipalities, which cannot meet emergency housing needs from their own resources and are entitled to provincial funding. 53 See [22], [25] and [26] above. 25

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