VAN DER WESTHUIZEN J
and the roles of the various spheres of government in proceedings regarding evictions
and housing. The appeal and cross-appeal bear reasonable prospects of success. It is
in the interests of justice to grant leave to appeal and to cross-appeal.
Constitutional and legal framework
[16] The issues to be determined require a consideration of rights enshrined in our
Constitution, which may compete in circumstances where homelessness is a likely
result of eviction, as well as constitutional allocation of powers and functions to
municipalities and the other spheres of government. Policy has been formulated and
statutes enacted to create a scheme for the protection and realisation of these rights. It
is necessary to set out briefly the constitutional, legislative and policy framework, as a
basis for the analysis that follows, with reference to the jurisprudence of this Court
and other courts.
[17] Section 25(1) of the Constitution, on which Blue Moonlight relies, states: ―No
one may be deprived of property except in terms of law of general application, and no
law may permit arbitrary deprivation of property.‖
[18] The right to have access to adequate housing is protected in section 26:
―(1)
Everyone has the right to have access to adequate housing.
(2)
The state must take reasonable legislative and other measures, within its
available resources, to achieve the progressive realisation of this right.
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