Urban Studies and Planning Commons^™

Blue Moonlight Rising: Evictions, Alternative Accommodation And A Comparative Perspective On Affordable Housing Solutions In Johannesburg, Gerald Dickinson

Gerald S. Dickinson

The City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (338/10) [2011] ZASCA 47 (30 March 2011) is a welcomed addition to the eviction jurisprudence in South Africa. Courts have jostled for years with the question of whether socio-economic rights should be enforced in the context of adequate housing and evictions. Today, the central questions in comparative constitutional law now deal with how courts should enforce such rights. In other words, what are the remedies for violations of socio-economic rights? The usual proposed remedies are coercive orders aimed at guaranteeing occupiers the denied rights directly, …