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All that had affected the children’s schooling, in particular that of two of the children who were in grade 12.

The applicants averred that as a result, they lived in the open, with their eight children sleeping in the car. The applicants claimed that, despite an assurance by the 1 st respondent that they could reside on the property until they secured alternative accommodation, the 1 st respondent removed the roof and windows of their house, effectively evicting them. The property was sold to Mr Jacobus Hunter (3 rd respondent).

The 1 st applicant was employed by Mr Theunis Christoffel Lombard (1 st respondent). Mr Alias Mtolo and Mrs Maheneng Mtolo(1 st & 2 nd applicants), lived with their children on property owned by Mrs Maria Helentje Lombard, (4 th respondent).

Madlanga, Majiedt, Mhlantla & Tshiqi JJ Tlaletsi, Pillay, Madondo & Rogers AJJĬonstitutional Law –Bill of Rights - right of access to housing, right to dignity and right to basic education – where the roof and windows of a house had been removed forcing the inhabitants to live outside in the open thereby forcefully evicting them-whether by failing to restore the applicants’ home such that it was suitable for human habitation violated the applicants’ right of access to housing and, relatedly, their right to dignity, as well as their children’s right to basic education. Mtolo and Another v Lombard and Others ZACC 39

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