The Judical Officer - Dec 07 - Joasa.org.za

12.4 12.4 With With regard regard to to “all “all the the relevant relevant circumstances” circumstances” in in section section 26(3)
26(3)
42
In Uitenhage Local Local Transitional Council v Zenza 1997(8) 1997(8); 1997(8)
BCLR BCLR 1115 1115 (SE) (SE) squatters
illegally occupied land which had been earmarked for a housing project for about 8 000
families. Through their illegal occupation of the land, these squatters were effectively
jumping the housing queue. That is why the court authorized an order of eviction with
regard to these squatters (De Waal et al 1999:427).
13 13 CONCLUSION
CONCLUSION
CONCLUSION
Sociology of law implies a description and understanding of “Why does the law works
the way it does ? ” In this vein the author attempts to give to the reader a “bite-size”
and coherent description and understanding of the Bill of [Human] Rights and some of
the most important human rights enshrined therein. The “new” South Africa is
characterized by a constitutional revolution revolution. revolution
Full recognition of the principle of
constitutionalism constitutionalism relates to the application of the Bill of Rights in the Constitution of
South Africa. The application of the Bill of Rights requires us to take note of the
interpretation interpretation clause of the South African Constitution. Interpretation of the Constitution
in turn relates to the very important supremacy clauses of the Constitution (remember
that the South African Constitution is the supreme law of South Africa).
The supremacy clauses in turn relate to the limitation clause (i.e. in certain
circumstances an enshrined human right of an individual may be limited). During
consideration of whether this limitation is reasonable and justifiable in an open and
democratic society, competing human rights are being weighed up against one another.
This weighing up means the application of a proportionality proportionality test. test. When a court finds (1)