Page 8 - Litigating Land and Housing in South Africa: Lessons and Reflections

2 ACCESS TO BASIC SERVICES
2 1 1 1 1 Case information
2 1 MSHENGU: THE PROVISION OF BASIC SERVICES
TO FARM DWELLERS
This case deals with farm dwellers in in in remote parts of of our country that are are forced to to endure difficult living conditions The The individual applicants are are members of of communities communities who have limited and at at at at times no access access to to to the basic resources necessary for human survival self-actualisation or or or dignity These communities communities struggle to to access access water have poor ablution facilities and their their refuse is is not removed by their their municipalities The second and institutional applicant in in this case was the the Association for Rural Advancement (AFRA) AFRA’s work involves advancing the the the rights of people living in in in in in the the rural areas and and on
farms in in in in in in KwaZulu-Natal AFRA has extensive experience in in in land reform poverty relief and and and the the realisation of of socio-economic rights in in rural areas Its core activities are are the the the enforcement of of land rights rights and and and assisting communities realise the the rights rights that have been conferred through land reform legislation such as the the the ESTA the the the Land Land Reform (Labour Tenants Act) Act Act Act 3 of of of of 1996 and and and the the the the Restitution of of of of Land Land Rights Act Act Act 22 of of of of of 1994 The application was instituted on
on
on
on
behalf of of of of of the the the class of of of of farm dwellers residing within the the jurisdiction of of municipalities that do not provide access to basic services The main respondents were uMsunduzi Municipality Municipality uMshwathi Municipality Municipality and uMgungundlovu Munic- ipality ipality (“the municipalities”) The other respondents were the the the the farm owners the the the the Minister Minister of of Co-operative Governance and and and Traditional Affairs Minister Minister of of of Water and and and and Sanitation and and and and Member of of Executive: Co-operative Governance and and and Traditional Affairs (KZN) This case raised three issues under socio-economic rights:
1 Whether the the the the applicants were entitled to the the the the basic material conditions necessary for their survival self-actualisation and dignity 2 Whether the the municipalities in those those areas had an an obligation to provide those those basic material conditions and 3 If so whether the the municipalities were fulfilling this obligation The applicants lacked access to a a a a a a a a a a a variety of amenities and and services: housing healthcare education electricity water water sanitation sanitation and and and refuse refuse collection However only the the applicants’ rights to water water sanitation sanitation and and and refuse refuse collection (and the the the correlative obligations imposed on
on
on
on
the the municipalities) were addressed in this case These resources are are collectively referred to as as as basic munic- ipal services whilst the issues issues of housing healthcare education and electricity are are related issues issues that frame the the conditions under which the the applicants live 8
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS