Baron and others v Claytile (Pty) Limited and Another (CCT241/16) [2017] ZACC 24; 2017 (10) BCLR 1225 (CC); 2017 (5) SA 329 (CC) (13 July 2017)

Baron and others v Claytile (Pty) Limited and Another (CCT241/16) [2017] ZACC 24; 2017 (10) BCLR 1225 (CC); 2017 (5) SA 329 (CC) (13 July 2017)

The Constitutional Court held that the eviction of the applicants was just and equitable, as the City of Cape Town Municipality had fulfilled its constitutional obligation by offering suitable alternative accommodation at Wolwerivier. The applicants' objections to the accommodation were not substantiated by evidence of undue hardship or unsuitability. The Court found that the applicants had enjoyed free accommodation for almost five years after their right of occupation was terminated, and the first respondent could not be expected to continue providing housing indefinitely at the expense of its business and current employees. The duty to provide suitable alternative accommodation rests...

Citation
[2017] ZACC 24
Parties
Applicant: Isak Baron; Applicant: David Bailey; Applicant: Eric Cupido; Applicant: Jonathan Stoffels; Applicant: Richard Figland; Applicant: Anthony Merrington; Applicant: Other occupiers resident at Claytile, Joostenberg Brick, Hercules Plaas Road, Muldersvlei; Respondent: Claytile (Pty) Limited; Respondent: City of Cape Town Municipality
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
13 July 2017
Case Number
CCT 241/16
Procedural Posture
Leave to Appeal / Constitutional Court Appeal From Land Claims Court, Following Magistrate's Court Eviction Order
Outcome
Appeal dismissed. Eviction order confirmed. Applicants to vacate premises within three months. Ancillary orders regarding transport and costs issued.
Judges
Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo
Legal Topics
Extension of Security of Tenure Act, Eviction Proceedings, Suitable Alternative Accommodation, Constitutional Obligations of Municipalities, Just and Equitable Eviction, Subsidiarity Principle
Constitutional Law Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Proceedings Suitable Alternative Accommodation Constitutional Obligations of Municipalities Just and Equitable Eviction +1 more

Case Brief

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Parties

Isak Baron

Applicant

David Bailey

Applicant

Eric Cupido

Applicant

Jonathan Stoffels

Applicant

Richard Figland

Applicant

Anthony Merrington

Applicant

Other occupiers resident at Claytile, Joostenberg Brick, Hercules Plaas Road, Muldersvlei

Applicant

Claytile (Pty) Limited

Respondent

City of Cape Town Municipality

Respondent

Procedural Posture

Leave to Appeal / Constitutional Court Appeal From Land Claims Court, Following Magistrate's Court Eviction Order

Legal Issues

  1. 1 Whether the eviction of the applicants from private land complied with section 10 of ESTA, read with sections 25 and 26 of the Constitution.
  2. 2 Whether the City of Cape Town Municipality fulfilled its constitutional obligation to provide suitable alternative accommodation to the evicted occupiers.
  3. 3 Whether a private landowner has a duty to provide alternative accommodation to evicted occupiers under ESTA.

Ratio Decidendi

The Constitutional Court held that the eviction of the applicants was just and equitable, as the City of Cape Town Municipality had fulfilled its constitutional obligation by offering suitable alternative accommodation at Wolwerivier. The applicants' objections to the accommodation were not substantiated by evidence of undue hardship or unsuitability. The Court found that the applicants had enjoyed free accommodation for almost five years after their right of occupation was terminated, and the first respondent could not be expected to continue providing housing indefinitely at the expense of its business and current employees. The duty to provide suitable alternative accommodation rests...

Court Disposition

Appeal dismissed. Eviction order confirmed. Applicants to vacate premises within three months. Ancillary orders regarding transport and costs issued.

Orders

  • Condonation granted for late filing of appeal record and first respondent's answering affidavit.
  • Application for leave to adduce further evidence granted.