One more for the road: makings laws during a pandemic

With the long Easter weekend looming, many people were anxious to know what the restrictions for the long weekend will entail. The rumours were that interprovincial travel will be halted, as will large gatherings, and of course, the always-looming question of alcohol. I should start with a caveat: I am not invested in transporting alcohol … Continue reading One more for the road: makings laws during a pandemic

When is a structure a “home” for purposes of section 26 of the Constitution?

This was part of the issue in the South African Human Rights Commission case, delivered last week. The City of Cape Town argued that the structures the demolished were unoccupied, and as such do not fall under the provisions of PIE. Being unoccupied, there was nobody to evict. The applicants, however, argued that those evicted have been living in the structures (in other words, it was occupied), and therefore they are entitled to the protection of section 26 of the Constitution.