The Judge is a High Court Judge, no more than that. The Province and indeed Government were well aware of the constitutional issues and did not object notwithstanding the overall issues around sustainability and practicality regarding Government responsibilities. 

It is NOT the Judge's responsibility to 'see every person has a roof over their head' and most certainly she would take exception to individuals taking power to force a Government's hand if there are other legalities or rather illegalities pertinent. SAPS for example had not intervened within the time limits, negligent perhaps!