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

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.