BREACH OF THE HOUSING ACT AND<\/a> POLICIES<\/u><\/span><\/p>\n THE DUTY TO ACT REASONABLY IN TERMS OF SECTION 26(2) OF THE CONSTITUTION<\/span><\/p>\n THE APPROPRIATE RELIEF<\/u><\/span><\/p>\n [74] It is clear on the papers that the respondents have not indicated with certainty when the houses or stands can be allocated to the applicants. The applicants have waited long enough for the first respondent to correct and deal with its breach of its obligations in terms of the National Housing Code. It has started the process but the delay in providing the applicants with access to adequate housing cannot recur forever. The applicants should be provided with access to adequate housing within a reasonable and realistic timeframe.<\/span><\/p>\n [75] Under the circumstances it is my view that a year from the date of this order is realistic and reasonable.<\/span><\/p>\n [76] Consequently the following order is made:<\/span><\/p>\n 1. The first respondent is ordered to:<\/span><\/p>\n 1.1 provide each of the first and the third to one hundred and thirty-fourth applicants (“the residents”) <\/i>with a house at Tembisa Extension 25, or at another agreed location, on or before 31 December 2018;<\/span><\/p>\n 1.2 register the residents as the titleholders of their respective erven by 31 December 2019;<\/span><\/p>\n 1.3 deliver written reports to 1he residents, through their attorneys, and to 1he registrar and the court, not more than three months, from the date of this order, and at three months intervals thereafter, setting out the timeline for completion of, and the progress which has been made in providing, the houses referred to in paragraph 1.1 above.<\/span><\/p>\n 2. The second, third and fourth respondents are ordered to take all the necessary administrative and other steps necessary to ensure that the first respondent complies with the order in paragraph 1 above.<\/span><\/p>\n http:\/\/www.saflii.org.za\/za\/cases\/ZAGPPHC\/2017\/923.html<\/a><\/p>\n On 30 August 2017, the Western Cape High Court dismissed the application to evict the 60 000 people living in the settlement. The Court found that the City had infringed the constitutional property rights of the owners of the Marikana land, and had also breached the housing rights of the Marikana residents by its unreasonable failure to do anything to secure the tenure of the Marikana residents.<\/p>\n http:\/\/www.seri-sa.org\/index.php\/19-litigation\/case-entries\/491-fischer-v-unlawful-occupiers-erf-149-philippi<\/a><\/p>\n https:\/\/www.gov.za\/speeches\/budget-vote-speech-department-human-settlements-delivered-provincial-minister-bonginkosi<\/a><\/p>\n 12. Conclusion<\/strong> <\/p>\n","protected":false},"excerpt":{"rendered":" Thubakgale and Others v Ekurhuleni Metropolitan Municipality and Others (39602\/2015) [2017] ZAGPPHC 923; 2018 (6) SA 584 (GP) (15 December … Read More “Land issues and cases”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"_links":{"self":[{"href":"http:\/\/ir8.co.za\/PR\/wp-json\/wp\/v2\/pages\/143"}],"collection":[{"href":"http:\/\/ir8.co.za\/PR\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"http:\/\/ir8.co.za\/PR\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"http:\/\/ir8.co.za\/PR\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/ir8.co.za\/PR\/wp-json\/wp\/v2\/comments?post=143"}],"version-history":[{"count":5,"href":"http:\/\/ir8.co.za\/PR\/wp-json\/wp\/v2\/pages\/143\/revisions"}],"predecessor-version":[{"id":152,"href":"http:\/\/ir8.co.za\/PR\/wp-json\/wp\/v2\/pages\/143\/revisions\/152"}],"wp:attachment":[{"href":"http:\/\/ir8.co.za\/PR\/wp-json\/wp\/v2\/media?parent=143"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}<\/h1>\n
Fischer v Unlawful Occupiers, Erf 150, Philippi (‘Fischer eviction application’)<\/h1>\n
<\/h1>\n
MEC Bonginkosi Madikizela: Western Cape Human Settlements Prov Budget Vote 2018\/19<\/h1>\n
\nMadam Speaker, I am confident that our strategic approach and key interventions that I have just outlined will drastically increase our delivery of human settlements to our people over the MTEF period, starting with this financial year<\/p>\n