Ark City of Refuge v Bailing and Others (8969/07) [2011] ZAWCHC 433 (22 September 2011)
The court held that, pending the final determination of the appeal, the City of Cape Town must engage in meaningful negotiations with the affected respondents to secure temporary emergency or other suitable accommodation for them and their extended families residing at the appellant's premises. The court further...
Source-derived case information.
- Citation
- [2011] ZAWCHC 433
- Parties
- Appellant: The Ark City of Refuge; Respondent: Mike Bailing; Respondent: Teresa Bailing; Respondent: Magdalene Schippers; Respondent: John Mentoor; Respondent: Martha Mentoor; Respondent: The City of Cape Town
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Case Number
- 8969/07
- Procedural Posture
- Civil Appeal / Interim Order Pending Final Determination of Appeal
- Outcome
- Interim order granted pending final determination of the appeal.
- Judges
- Desai, Yekiso, Saldanha
- Legal Topics
- Eviction Proceedings, Temporary Accommodation, Municipal Obligations
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Ark City of Refuge
Appellant
Mike Bailing
Respondent
Teresa Bailing
Respondent
Magdalene Schippers
Respondent
John Mentoor
Respondent
Martha Mentoor
Respondent
The City of Cape Town
Respondent
Procedural Posture
Civil Appeal / Interim Order Pending Final Determination of Appeal
Legal Issues
- 1 Whether the City of Cape Town is obliged to provide temporary emergency accommodation to the respondents and their extended families pending the outcome of the appeal.
- 2 Whether meaningful negotiations regarding alternative accommodation must be undertaken between the City and the affected respondents.
Ratio Decidendi
The court held that, pending the final determination of the appeal, the City of Cape Town must engage in meaningful negotiations with the affected respondents to secure temporary emergency or other suitable accommodation for them and their extended families residing at the appellant's premises. The court further ordered that a written report on the negotiations and their outcome must be furnished to the court by a specified date. These interim measures are necessary to prevent homelessness and ensure compliance with constitutional and statutory obligations regarding housing.
Court Disposition
Interim order granted pending final determination of the appeal.
Orders
- The City of Cape Town is ordered to engage in meaningful negotiations with the first, second, third and fifth respondents to provide temporary emergency or other accommodation for them and their extended families residing at the appellant's premises by 13 January 2012.
- The City of Cape Town, together with the legal representatives of the other respondents, must furnish the court with a written report on the negotiations and their outcome by no later than 15 November 2011.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)
Appeal Case No.: A107/2011
Case No: 8969/07
Before: DESAI J et YEKISO J et SALDANHA J
In the matter between;
THE ARK CITY OF REFUGE ….........................................................................Appellant
and
MIKE BAILING …..................................................................................First Respondent
TERESA BAILING …........................................................................Second Respondent
MAGDALENE SCHIPPERS ….............................................................Third Respondent
JOHN MENTOOR …..........................................................................Fourth Respondent
MARTHA MENTOOR …........................................................................Fifth Respondent
THE CITY OF CAPE TOWN ….............................................................Sixth Respondent
INTERIM ORDER: THURSDAY 22 SEPTEMBER 2011 Having heard argument for the appellant and respondents and pending the final determination of the Appeal, IT IS ORDERED THAT; [1.] The sixth respondent is ordered to engage in meaningful negotiations with the first, second, third and fifth respondents with view a to furnishing them and their extended families at present resident at the appellant's premises with temporary emergency or any other form of accommodation at the latest as from the 13 January 2012. [2.] The sixth respondent shall together with the legal representatives acting on behalf of the other respondents furnish the court with a written report on the negotiations and the outcome thereof by no later than the 15th November 2011. DESAI J YEKISO, J SALDANHA, J
INTERIM ORDER: THURSDAY 22 SEPTEMBER 2011
Having heard argument for the appellant and respondents and pending the final determination of the Appeal,
IT IS ORDERED THAT;
[1.] The sixth respondent is ordered to engage in meaningful negotiations with the first, second, third and fifth respondents with view a to furnishing them and their extended families at present resident at the appellant's premises with
temporary emergency or any other form of accommodation at the latest as from the 13 January 2012.
[2.] The sixth respondent shall together with the legal representatives acting on behalf of the other respondents furnish the court with a written report on the negotiations and the outcome thereof by no later than the 15th November 2011.
DESAI J
YEKISO, J
SALDANHA, J