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Scl1502 Assignment 1



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SCL1502 LEGAL RESEARCH UN 554904 SN3734592 3 FIRST SEMESTER: ASSIGNMENT 02 CLOSING DATE: 7 April 2015 UNIQUE NUMBER: 554904--------------------------------------------------------------------------------------------------------------------------------------Do research on the cons±tu±onal right to have access to adequate housing in South Africa and write a 2 – 3 page essay on the topic about how the courts have dealt with the concepts of progressive realiza±on, within available resources, and reasonableness. Your essay must include footnotes in the prescribed format and a bibliography. You must consult and use at least one book, one journal ar±cle, one Act of parliament and one court case in your essay. (20) 1. INTRODUCTION-Prior to 1994 South Africa was governed by a Parliament which system made Parliament the Supreme Power of the land and which could not be challenged by anyone, not even the courts had the power to challenge parliament, which included the system of apartheid. This system named apartheid was also wri²en into legisla±on. This system was principally to exclude and oust all non-white people but this principle was aimed directly at “the blacks”. However, the blacks were not the only group of colour that were excluded from any bene³ts in South Africa, such as, Coloureds, Indians, Asians, if your skin was not white you were excluded. Due to the restric±ons imposed by the Apartheid regime which thus lead to the gross abuse of human rights on blacks especially. Many South Africans su´ered by the great divide between blacks and whites but par±cularly the blacks. Jus±ce was only for the whites and privileges were only given to the whites. One may not have thought at that ±me that having human rights was a privilege if you were a white person. I myself did not understand what it was to have those privileges or what it would be like should they have to be taken away. Such injus±ces su´ered by the blacks have now been safeguarded by our Cons±tu±on and never again will such injus±ces be su´ered again by the mere colour of one’s skin again in this country. Human rights are a´orded to everyone not just black people but to everyone. 2.1 THE CONSTITUTIONAL RIGHT TO HAVE ACCESS TO ADEQUATE HOUSING IN SOUTH AFRICA. 1-The right to housing was recognised and included in the Cons±tu±on of South Africa 1996. Prior to 1994 Parliament did not a´ord the right to access to housing to any persons except white persons and thanks to the new Cons±tu±on and the Bill of Rights sec±on 26(1) has remedied this old regime of separa±sm called apartheid. Sec±on 26 - Housing.-(1) everyone has the right to have access to adequate housing. (2) The state must take reasonable legisla±ve and other measures, within its available resources, to achieve the progressive realisa±on of this right. 2 1 CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA NO. 108 OF 1996 sec±on 26 (1) and (2).

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