Thubelisha Homes and Others v Various Occupants and Others (13189/07) [2008] ZAWCHC 14 (10 March 2008)
The court found that the respondents are unlawful occupiers under PIE, as they lacked consent from the City or Thubelisha Homes to occupy Joe Slovo. The applicants, including the National Minister of Housing, had locus standi to bring the application. The eviction and relocation were held to be just and equitable, given the provision of alternative accommodation in TRAs at Delft, which was found to be superior to the current informal dwellings. The court rejected the respondents' claim of legitimate expectation, holding that unlawful occupation cannot give rise to enforceable expectations and that the Constitution does not guarantee a right to housing at a locality of choice. The...
- Citation
- [2008] ZAWCHC 14
- Parties
- Applicant: Thubelisha Homes; Applicant: Minister of Housing (Ms. Lindiwe Nonceba Sisulu); Applicant: Provincial Minister of Local Government and Housing, Western Cape; Respondent: Various Occupants (Joe Slovo Informal Settlement); Respondent: City of Cape Town; Respondent: Firstrand Bank Limited
- Court
- Western Cape High Court, Cape Town
- Jurisdiction
- South Africa
- Judgment Date
- 10 March 2008
- Case Number
- 13189/07
- Procedural Posture
- Urgent Application / Judgment on Main and Interlocutory Applications
- Outcome
- Application granted. Eviction and structured relocation of Joe Slovo residents ordered, with periodic reporting to the court.
- Judges
- Hlophe JP
- Legal Topics
- Prevention of Illegal Eviction Act, Right of Access to Adequate Housing, Legitimate Expectation, Locus Standi, Alternative Accommodation, Judicial Review
Case Brief
Summary, issues, holding and outcome
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Parties
Thubelisha Homes
Applicant
Minister of Housing (Ms. Lindiwe Nonceba Sisulu)
Applicant
Provincial Minister of Local Government and Housing, Western Cape
Applicant
Various Occupants (Joe Slovo Informal Settlement)
Respondent
City of Cape Town
Respondent
Firstrand Bank Limited
Respondent
Procedural Posture
Urgent Application / Judgment on Main and Interlocutory Applications
Legal Issues
- 1 Whether the respondents are unlawful occupiers under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE).
- 2 Whether the applicants have locus standi to seek eviction and relocation orders.
- 3 Whether the eviction and relocation of Joe Slovo residents is just and equitable under section 26 of the Constitution and PIE.
Ratio Decidendi
The court found that the respondents are unlawful occupiers under PIE, as they lacked consent from the City or Thubelisha Homes to occupy Joe Slovo. The applicants, including the National Minister of Housing, had locus standi to bring the application. The eviction and relocation were held to be just and equitable, given the provision of alternative accommodation in TRAs at Delft, which was found to be superior to the current informal dwellings. The court rejected the respondents' claim of legitimate expectation, holding that unlawful occupation cannot give rise to enforceable expectations and that the Constitution does not guarantee a right to housing at a locality of choice. The...
Court Disposition
Application granted. Eviction and structured relocation of Joe Slovo residents ordered, with periodic reporting to the court.
Orders
- The various occupiers of Joe Slovo informal settlement are directed to vacate the area in accordance with the schedule annexed to the order.
- Occupiers must move from specified blocks/zones on specified target dates as set out in annexure X.
Full Case Text
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