SERI represents 33 former residents of Saratoga Avenue, who were moved to the Ekuthuleni Shelter in May 2012 by the City of Johannesburg (the City) as part of the Blue Moonlight Constitutional Court judgment, in an application to challenge conditions at the shelter.
In Part A of the application the residents request the High Court to suspend the application of certain shelter rules and direct the City and Metro Evangelical Services (who run the shelter) to permit the residents to reside in rooms with their spouses/life partners. The application was launched on 18 October 2012; however despite repeated demand the City and MES have not filed an answering affidavit. They appear to be embarked upon a strategy of prevarication and delay, presumably in the hope that the residents will simply tire of the conditions imposed on them and leave the shelter. On 15 February2013, heads of argument were filed in Part A of the application. This case raises fundamental issues concerning the connection between socio-economic rights and the rights to dignity, privacy and freedom and security of the person.