[5][6][7][8][9] The squatters' movement Abahlali baseMjondolo took the government to court to have the Act declared unconstitutional.
They also argued that the act was vague and gave too much power to the provincial government that was in conflict with section 26 of the constitution that deals with housing and eviction rights.
According to the judgement, the legislation would have allowed for the possibility of mass evictions without the possibility of suitable alternative accommodation and would have therefore violated the Prevention of Illegal Evictions Act (PIE Act) and South Africa's Constitution.
[1][3][13][14] It was reported that following the judgment members of the movement were publicly threatened for their comments criticising the Slums Act.
[15] It has also been argued that the judgment was a key factor in the armed attack on Abahlali baseMjondolo in the Kennedy Road shack settlement in Durban in September 2009.