VAN DER WESTHUIZEN J (3) No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.‖12 [19] The Occupiers anchor their case in section 26. However, they also engage the right to equality – protected in section 9 of the Constitution – and specifically section 9(1), which provides that ―[e]veryone is equal before the law and has the right to equal protection and benefit of the law.‖ Blue Moonlight also relies on this provision, as well as on the right of access to courts in section 34.13 [20] As to the state‘s responsibility to legislate, Part A of Schedule 4 of the Constitution lists housing as one of the functional areas of concurrent national and provincial legislative competence. [21] The municipality‘s role in relation to housing must be determined by reference to the Constitution and various enactments. [22] Chapter 7 of the Constitution sets out the functions and powers of local government. Section 152 states the objects of local government and requires 12 On section 26, see for example Government of the Republic of South Africa and Others v Grootboom and Others [2000] ZACC 19; 2001 (1) SA 46 (CC); 2000 (11) BCLR 1169 (CC) (Grootboom); Port Elizabeth Municipality v Various Occupiers [2004] ZACC 7; 2005 (1) SA 217 (CC); 2004 (12) BCLR 1268 (CC) (PE Municipality); Jaftha v Schoeman and Others; Van Rooyen v Stoltz and Others [2004] ZACC 25; 2005 (2) SA 140 (CC); 2005 (1) BCLR 78 (CC); Occupiers of 51 Olivia Road, Berea Township, and 197 Main Street, Johannesburg v City of Johannesburg and Others [2008] ZACC 1; 2008 (3) SA 208 (CC); 2008 (5) BCLR 475 (CC) (Olivia Road); Residents of Joe Slovo Community, Western Cape v Thubelisha Homes and Others [2009] ZACC 16; 2010 (3) SA 454 (CC); 2009 (9) BCLR 847 (CC); Joseph and Others v City of Johannesburg and Others [2009] ZACC 30; 2010 (4) SA 55 (CC); 2010 (3) BCLR 212 (CC); and Gundwana v Steko Development CC and Others [2011] ZACC 14; 2011 (3) SA 608 (CC); 2011 (8) BCLR 792 (CC). 13 Section 34 states: ―Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.‖ 9