REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA subsidy programme (FLISP) to improve the ability of households in the income category R3 501–R15 000 to access mortgage finance for housing, thus increasing access to housing finance and the provision of shelter and basic services. In the 2012/13 financial year, the management of the Urban Settlement Grant continued to receive attention in the devolution of powers to the local sphere of government. 459. The Department of Human Settlements is providing support to provinces and municipalities to map, categorise and implement informal settlement upgrading plans in 45 priority municipalities. It is also focusing on rationalising the Housing Development Finance Institutions and increasing their support to provinces to develop mixed income and mixed use projects. A further area of focus in the future will be monitoring of the contribution of private banks to the affordable housing market. Case law 241 242 460. The case of Port Elizabeth Municipality v Various Occupiers241 concerned the fate of a small group of people who had been unlawfully occupying some vacant, unused and private land in the jurisdiction of the municipality of Port Elizabeth. At the instance of the landowners and a large number of concerned locals, the municipality applied for their eviction. It fell to the court to decide whether the eviction could go ahead under the circumstances. It found that it could not. Sachs J made reference to the judiciary's "new task," which was to manage "the counter positioning of conventional rights of ownership against the new, equally relevant, right not to be arbitrarily deprived of a home, without creating hierarchies of privilege. 461. In Occupiers of 51 Olivia Road, Berea Township and 197 Main street, Johannesburg v City of Johannesburg242 more than 400 occupiers of two buildings in the inner city of Johannesburg (the occupiers) applied for leave to appeal against a decision of the Supreme Court of Appeal. They challenged the correctness of the judgment and order of that Court authorising their eviction at the instance of the City of Johannesburg (the City) based on the finding that the buildings they occupied were unsafe and unhealthy. The City was ordered to provide those of the occupiers who were “desperately in need of housing assistance with relocation to a temporary settlement area”. The application for leave to appeal was granted. 462. In Abahlalibase Mjondolo Movement SA v Premier of the Province of KZN (2009) ZACC 31, the Abahlalibase Mjondolo Movement of South Africa, an organisation representing thousands of people who live in informal settlements, and its President approached the KwaZulu-Natal High Court, Durban, challenging the constitutionality of the KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act. The High Court dismissed the challenge. They also contended that section 16 of the Act was inconsistent with the Constitution and invalid. Section 16 gives the Member of the Executive Council of the province power to publish a notice in the provincial gazette determining a period within which an owner or person in charge of land or a building that is occupied by unlawful 2005 (1) SA 217 (CC) 2008 (3) SA 208 (CC) 126