City of Cape Town v Hearne and Others (5453/2022)
City of Cape Town v Hearne and Others (5453/2022) [2024] ZAWCHC 253 (10 September 2024)
The court found that the respondents are unlawful occupiers under the PIE Act, having occupied the Pentech-Belhar units without lawful consent or allocation. Any purported consent by City officials was ultra vires and revoked by service of eviction notices. The respondents’ occupation prejudiced beneficiaries who had lawfully waited for housing allocation, some for decades. The court considered the respondents’ personal circumstances and the risk of homelessness, concluding that while some may secure alternative accommodation, others face imminent homelessness and must be provided with emerge…
Source excerpt
- Prevention Of Illegal Eviction Act
- Unlawful Occupation
- Just And Equitable Eviction
- Housing Rights
- Allocation Policy
- Emergency Accommodation