VAN DER WESTHUIZEN J needs in the nationwide housing program. Recognition of such needs in the nationwide housing program requires it to plan, budget and monitor the fulfilment of immediate needs and the management of crises. This must ensure that a significant number of desperate people in need are afforded relief, though not all of them need receive it immediately. Such planning too will require proper co-operation between the different spheres of government.‖60 [57] The City‘s submission that national or provincial government is the primary duty-bearer in relation to funding emergency housing is cogent only to the extent that, but for the existence of a national emergency housing policy and budget, the attempt of a local authority to fulfil the right of access to adequate housing would be empty. There is no basis in Grootboom for the assertion that local government is not entitled to self-fund, especially in the realm of emergency situations in which it is best situated to react to, engage with and prospectively plan around the needs of local communities. [58] The City argues that the Supreme Court of Appeal‘s finding that the City was empowered to act outside of the national housing policy in the absence of a statutory prohibition violates the principle of legality. Relying on Fedsure,61 it submits that an organ of state is not authorised to take action not prohibited by law; it is prohibited from taking action not so authorised. The City would have acted ultra vires if it met the Occupiers‘ circumstances, as the Supreme Court of Appeal found it should have done, so the City argues. 60 Id at para 68. 61 Fedsure Life Assurance Ltd and Others v Greater Johannesburg Transitional Metropolitan Council and Others [1998] ZACC 17; 1999 (1) SA 374 (CC); 1998 (12) BCLR 1458 (CC) at paras 55-6 (Fedsure). 28