MOKGORO J [46] The socio-economic rights in sections 2648 and 27 of the Constitution are conferred on “everyone” by subsection (1) in each of those sections. In contrast, the state’s obligations in respect of access to land apply only to citizens.49 Whether the right in section 27 is confined to citizens only or extends to a broader class of persons therefore depends on the interpretation of the word “everyone” in that section. The applicants relied on section 25 of the Constitution, as well as various other rights in the Bill of Rights,50 to argue that “everyone” in section 27 included non-citizens and therefore also (for the purposes of this case) permanent residents. [47] This Court has adopted a purposive approach to the interpretation of rights.51 Given that the Constitution expressly provides that the Bill of Rights enshrines the rights of “all people in our country”,52 and in the absence of any 48 Section 26 provides: “26. Housing (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. (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.” 49 Section 25(5) of the Constitution provides: “The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.” (Emphasis added.) 50 Some rights in the Bill of Rights such as political rights in section 19; citizenship rights in section 20; the right to a passport and to enter, remain and reside in the Republic in sections 21(3) and 21(4); freedom of trade, occupation and profession in section 22; and certain labour rights in section 23 are qualified as being available to smaller groups of people than “everyone”. 51 Above n 44 at para 9; S v Mhlungu and Others 1995 (3) SA 867 (CC); 1995 (7) BCLR 793 (CC) at para 8. 52 Section 7(1) of the Bill of Rights provides: 30

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents