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

No comments yet

Social Science Research Network, 2011.

Abstract:
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, planning orders or procedural benefits. Amidst Blue Moonlight’s increased interest amongst academics, practitioners and jurists as an example of South Africa’s ‘new normality assumption’ and its realisation of procedural benefits to a person facing imminent eviction from private property, is a comparative housing policy yet to be discovered and considered in South Africa. A policy-oriented interpretation of the text of the lower court’s opinion in Blue Moonlight reveals the policy blueprint of several housing voucher programs currently operating in the United States that may serve as a new model for how to enforce socio-economic rights for occupiers facing imminent eviction — the Blue Moonlight remedy. Vouchers are a primary mechanism for providing affordable, safe and decent housing to the poor in the United States and ought to be considered by academics, policymakers, jurists and public officials as one of many potentially innovative solutions to Johannesburg’s housing woes.

Download the paper: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2037758

image_pdfimage_print
Bookmark and Share

Comments

Leave a Reply





What is 20 + 7 ?
Please leave these two fields as-is:
IMPORTANT! To be able to proceed, you need to solve the following simple math (so we know that you are a human) :-)


  • About

    Rozenberg Quarterly aims to be a platform for academics, scientists, journalists, authors and artists, in order to offer background information and scholarly reflections that contribute to mutual understanding and dialogue in a seemingly divided world. By offering this platform, the Quarterly wants to be part of the public debate because we believe mutual understanding and the acceptance of diversity are vital conditions for universal progress. Read more...
  • Support

    Rozenberg Quarterly does not receive subsidies or grants of any kind, which is why your financial support in maintaining, expanding and keeping the site running is always welcome. You may donate any amount you wish and all donations go toward maintaining and expanding this website.

    10 euro donation:

    20 euro donation:

    Or donate any amount you like:

    Or:
    ABN AMRO Bank
    Rozenberg Publishers
    IBAN NL65 ABNA 0566 4783 23
    BIC ABNANL2A
    reference: Rozenberg Quarterly

    If you have any questions or would like more information, please see our About page or contact us: info@rozenbergquarterly.com
  • Like us on Facebook

  • Archives