|
''Government of the Republic of South Africa and Others v Grootboom and Others''〔2001 (1) SA 46 (CC).〕 is an important case in South African law, heard in the Constitutional Court〔Chaskalson P, Langa DP, Goldstone J, Kriegler J, Madala J, Mokgoro J, Ngcobo J, O'Regan J, Yacoob J, Sachs J and Cameron AJ.〕 on 11 May 2000, with judgment handed down on 4 October. == Facts == The respondents had been evicted from their informal homes situated on private land earmarked for formal low-cost housing. They applied to a High Court for an order requiring the government to provide them with adequate basic shelter or housing until they obtained permanent accommodation. The High Court held * that, in terms of the Constitution,〔s 28(1)(c).〕 the State was obliged to provide rudimentary shelter to children and their parents on demand if the parents were unable to shelter their children; * that this obligation existed independently of and in addition to the obligation to take reasonable legislative and other measures in terms of the Constitution;〔s 26.〕 and * that the State was bound to provide this rudimentary shelter irrespective of the availability of resources. The appellants were accordingly ordered by the High Court to provide those among respondents who were children, as well as their parents, with shelter. The appellants appealed against this decision. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Government of the Republic of South Africa v Grootboom」の詳細全文を読む スポンサード リンク
|