Abahlali baseMjondolo Movement SA and Another v Premier of the Province of KwaZulu-Natal and Others

The applicants, Abahlali baseMjondolo Movement SA, a social movement representing residents of informal settlements, and its president, Sibusiso Zikode, challenged the constitutional validity of the KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act 6 of 2007. They contended that the Act facilitated evictions of unlawful occupiers living in informal settlements without adequate safeguards, meaningful engagement, or provision of alternative accommodation, thereby threatening homelessness. They further argued that the provincial legislature lacked competence to enact the Act, as it dealt with land tenure rather than housing. The KwaZulu-Natal High Court dismissed the challenge, holding that the Act was within provincial competence and consistent with section 26 of the Constitution. The applicants sought leave to appeal directly to the Constitutional Court.

Leave to appeal was granted. The KwaZulu-Natal Slums Act was held to be within provincial legislative competence. Section 16 of the Act was declared unconstitutional and invalid by the majority of the Court. The remainder of the Act was not struck down.

This case is a leading authority on the constitutional right of access to adequate housing and the limits of provincial power in regulating informal settlements. It affirms that eviction-related legislation must comply strictly with section 26 of the Constitution and national frameworks such as the PIE Act. The judgment underscores the need for meaningful engagement, protection against homelessness, and alignment between provincial and national housing legislation.