KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act, 2007
The KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act, 2007 was a provincial law dealing with land tenure and evictions in the province of KwaZulu-Natal in South Africa.
The Act
The Slums Act was a highly controversial Act supported by the Provincial Government of KwaZulu-Natal as a response to housing conditions. Its stated purpose was to eliminate substandard housing conditions by giving the provincial Housing MEC authority to prescribe a time in which it would be compulsory for municipalities to evict unlawful occupiers of slums when landowners failed to do so. It also forced private landowners to evict shack dwellers. It was meant to be replicated in all other South African provinces.The Act was widely criticised by civil society organisations and academics who said it was in conflict with the South African Constitution and PIE Act and who considered it to be repressive and anti-poor legislation.
Constitutional Court of South Africa judgment
The road to the Constitutional Court
The squatters' movement Abahlali baseMjondolo took the government to court to have the Act declared unconstitutional. It lost in the KwaZulu-Natal High Court, Durban but then appealed directly to the Constitutional Court.Abahlali baseMjondolo argued that the province was mandated to deal with housing rather than land tenure and that the act dealt with evictions and slum eradication rather than the provision of housing. They also argued that the act was vague and gave too much power to the provincial government that was in conflict with section 26 of the constitution that deals with housing and eviction rights.