SERI has launched an application on behalf of approximately 7 000 people (3 709 households) living at the Slovo Park informal settlement in Johannesburg. The settlement lacks access to formal services and housing, which the residents have been promised for almost 20 years.
In the application to the High Court the residents argue that the City of Johannesburg's failure to take a decision to apply to the Gauteng Provincial Government for funding to upgrade Slovo Park in terms of the Upgrading of Informal Settlements Programme (UISP) - contained in the 2009 National Housing Code - is in breach of the constitutional principle of legality, as well as sections 26(2), 151(1)(a) and 153(a) of the Constitution. The failure to take a decision is also administrative action, and falls to be reviewed in terms of section 6(2)(g) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA).
The residents therefore seek to review the City's failure to take the decision to apply in terms of the UISP, and to compel it to make such an application.