Government of the Republic of South Africa and Others v Grootboom and Others 2000 (11) BCLR 1169 (CC)

Main Issue: Right to housing and whether children have an immediate claim by invoking article 28 of Constitution

Appeal against the decision of the CPD granting the respondent children and their parent’s shelter on the basis of s 28 of the Constitution. The court considered both s 28 and s 26. There had been no infringement of s 28 since the primary obligation imposed by that section fell onto the child’s immediate caregiver. S 26 requires the state to put in place a reasonable programme for the progressive provision of adequate housing for all. This programme should comprise short, medium and long term components. Appeal on the s 28 ruling allowed, but it was held that the State had failed to make provision in terms of the s 26 obligation to deal with people in crisis such as the applicants, and was ordered to devise and implement a programme to do so.