UP's Dr Gustav Muller cited in South African Human Rights Commission and Others v City of Cape Town and Others (8631/2020) [2020] ZAWCHC 84 (25 August 2020)

Posted on August 26, 2020

The Faculty of Law is proud of Dr Gustav Muller, senior lecturer in the Department of Private Law, who was cited by Judge J Meer et Judge R Allie in the Western Cape High Court, Cape Town, in the above-mentioned case on 25 August 2020.

For ease of reference, below the cited paragraph and footnote:

' [47] I am inclined to agree that such an interpretation promotes the rights in the Bill of Rights, in accordance with the provisions of section 39(2) of the Constitution,[7] including the right to have evictions and demolitions of homes subject to judicial oversight in terms of section 26(3) of the Constitution. It ensures that the occupier’s constitutional rights to dignity, housing, safety and security of the person and life are protected.'

'[7] See Muller, G “Evicting unlawful occupiers for health and safety reasons in post-apartheid South Africa” SALJ (132)3, p 616-638 at 623-625.'

Dr Muller is scheduled to participate in a radio interview with John Maythan on Cape Talk tomorrow morning  (26 August 2020) at 07:20 re his thoughts on the judgment.

Well done, Gustav!

- Author Elzet Hurter
Published by Elzet Hurter

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