Click here to read the full judgment on Saflii
FLYNOTES: CONSTITUTION – Housing – Equitable access to land – Applicants opposed disposal of well located Tafelberg property for private development, contending it should be used for social housing – Province and City argued compliance with statutory framework and broader housing programmes – Court held location integral to “adequate housing” under section 26, disposal perpetuated spatial injustice, and public participation defective – Regulations inconsistent with Constitution, cooperative governance duties breached – Appeals upheld, invalidity declared, Province liable for costs – Constitution, s 26.
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