Commando and Others v Woodstock Hub (Pty) Ltd and Another (13946/15; 13947/15; 13951/15; 13952/15) [2021] ZAWCHC 179; [2021] 4 All SA 408 (WCC) (6 September 2021)

Commando and Others v Woodstock Hub (Pty) Ltd and Another (13946/15; 13947/15; 13951/15; 13952/15) [2021] ZAWCHC 179; [2021] 4 All SA 408 (WCC) (6 September 2021)

The court found that the City of Cape Town's emergency housing programme and its implementation in relation to persons rendered homeless by eviction in the inner City, Woodstock, and Salt River is unconstitutional. The City's policies and practices were inconsistent, arbitrary, and resulted in irrational and unreasonable differentiation between similarly situated evictees. The City failed to provide a comprehensive, workable, and coherent emergency housing plan, and its reliance on financial constraints and lack of available land was inadequately substantiated. The court held that the City is constitutionally obliged to provide temporary emergency accommodation or transitional housing as...

Citation
[2021] ZAWCHC 179
Parties
Applicant: Charnell Commando; Applicant: Norman Andrew Cupido; Applicant: Geraldine Stephanie Cupido; Applicant: Gicille Vanessa Commando; Applicant: Willem Nel; Applicant: Meeshade Jacoba Nel; Applicant: Daphne Nel; Applicant: Priscilla Nel; Applicant: Dylan Nel; Applicant: Ma Aida Abels; Applicant: Sulaiman Goliath; Applicant: Faiza Fisher; Applicant: George Faria Rodrigues; Applicant: Nashiet Abels; Applicant: Chrashanna Smith; Applicant: Delia Smith; Applicant: Brenda Sarah Smith; Applicant: Machal Smith; Applicant: Megan Smith; Applicant: Roseline Smith; Applicant: Cheslyn Smith; Applicant: Rashieda Smith; Applicant: Mark Neil Smith; Applicant: Mogamat Tauriq Smith; Applicant: Graham Beukes; Applicant: Sophie Masilo; Respondent: Woodstock Hub (Pty) Ltd; Respondent: City of Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
6 September 2021
Case Number
13946/15; 13947/15; 13951/15; 13952/15
Procedural Posture
Constitutional Application / Final Judgment After Amended Application and Full Argument
Outcome
Application granted. The City of Cape Town's emergency housing programme and its implementation declared unconstitutional. Orders issued for provision of emergency accommodation and reporting to the court.
Judges
M Sher
Legal Topics
Right of Access to Housing, Emergency Housing Programme, Unlawful Eviction, Municipal Obligations, Progressive Realisation of Rights, Irrational and Arbitrary Policy
Constitutional Law Land and Property Administrative Law Right of Access to Housing Emergency Housing Programme Unlawful Eviction Municipal Obligations Progressive Realisation of Rights +1 more

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Parties

Charnell Commando

Applicant

Norman Andrew Cupido

Applicant

Geraldine Stephanie Cupido

Applicant

Gicille Vanessa Commando

Applicant

Willem Nel

Applicant

Meeshade Jacoba Nel

Applicant

Daphne Nel

Applicant

Priscilla Nel

Applicant

Dylan Nel

Applicant

Ma Aida Abels

Applicant

Sulaiman Goliath

Applicant

Faiza Fisher

Applicant

George Faria Rodrigues

Applicant

Nashiet Abels

Applicant

Chrashanna Smith

Applicant

Delia Smith

Applicant

Brenda Sarah Smith

Applicant

Machal Smith

Applicant

Megan Smith

Applicant

Roseline Smith

Applicant

Cheslyn Smith

Applicant

Rashieda Smith

Applicant

Mark Neil Smith

Applicant

Mogamat Tauriq Smith

Applicant

Graham Beukes

Applicant

Sophie Masilo

Applicant

Woodstock Hub (Pty) Ltd

Respondent

City of Cape Town

Respondent

Procedural Posture

Constitutional Application / Final Judgment After Amended Application and Full Argument

Legal Issues

  1. 1 Whether the City of Cape Town's emergency housing programme and its implementation in Woodstock, Salt River, and the inner City is constitutional.
  2. 2 Whether the differentiation in treatment of evictees in the inner City and surrounds is rational and reasonable.
  3. 3 Whether the City is under a constitutional duty to provide temporary emergency accommodation or transitional housing near the applicants' current residence.

Ratio Decidendi

The court found that the City of Cape Town's emergency housing programme and its implementation in relation to persons rendered homeless by eviction in the inner City, Woodstock, and Salt River is unconstitutional. The City's policies and practices were inconsistent, arbitrary, and resulted in irrational and unreasonable differentiation between similarly situated evictees. The City failed to provide a comprehensive, workable, and coherent emergency housing plan, and its reliance on financial constraints and lack of available land was inadequately substantiated. The court held that the City is constitutionally obliged to provide temporary emergency accommodation or transitional housing as...

Court Disposition

Application granted. The City of Cape Town's emergency housing programme and its implementation declared unconstitutional. Orders issued for provision of emergency accommodation and reporting to the court.

Orders

  • It is declared that the City of Cape Town's emergency housing programme and its implementation in relation to persons rendered homeless by eviction in the inner City, Woodstock, and Salt River is unconstitutional.
  • The City of Cape Town is directed to provide the applicants and their dependents with temporary emergency accommodation or transitional housing in Woodstock, Salt River, or the Inner-City Precinct, as near as feasibly possible to their current residence, within 12 months.