South Africa Case Law

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)

Court

Western Cape High Court, Cape Town

Case number

5453/2022

Judge

Pangarker

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…

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• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Just And Equitable Eviction
• Housing Rights
• Allocation Policy
• Emergency Accommodation

City of Cape Town v Commando and Others (1303/2021)

City of Cape Town v Commando and Others (1303/2021) [2023] ZASCA 7; [2023] 2 All SA 23 (SCA); 2023 (4) SA 465 (SCA) (6 February 2023)

Court

Supreme Court of Appeal

Case number

1303/2021

Judges

Zondi, Nicholls, Mabindla-Boqwana, Goosen, Siwendu

The Supreme Court of Appeal held that the City of Cape Town's emergency housing programme and its implementation were not unconstitutional for failing to provide temporary emergency accommodation in the inner city and surrounds. The Court found no legal basis for a constitutional duty requiring the municipality to provide emergency housing at a specific location. The legislative framework, including the Housing Act and National Housing Code, does not impose such a duty, and the line of cases since Grootboom does not support it. The Court emphasised that the separation of powers prevents judic…

Source excerpt

• Right To Housing
• Emergency Accommodation
• Municipal Duties
• Just And Equitable Orders
• Separation Of Powers
• Gentrification And Eviction

Old Abland (Pty) Ltd v Hanekom and Others, Old Abland (Pty) Ltd v Jacobs and Others (LCC178/2016, LCC179/2016)

Old Abland (Pty) Ltd v Hanekom and Others, Old Abland (Pty) Ltd v Jacobs and Others (LCC178/2016, LCC179/2016) [2017] ZALCC 24 (13 December 2017)

Court

Land Claims Court

Case number

LCC 178/2016; LCC 179/2016

Judges

MP Canca, GM Makhanya

The Land Claims Court granted leave to appeal in an ESTA eviction matter, finding reasonable prospects that a higher court could reach a different view.

• Eviction
• Relative Hardship
• Emergency Accommodation
• Leave To Appeal
• Leave-to-appeal
• Esta

Odvest 182 Pty (Ltd) v Occupiers of Portion 26 (Portion of Portion 3) of Farm Klein Bottelary No 17, Botfontein Road ('The Property') and Others (19695/2012)

Odvest 182 Pty (Ltd) v Occupiers of Portion 26 (Portion of Portion 3) of Farm Klein Bottelary No 17, Botfontein Road ('The Property') and Others (19695/2012) [2016] ZAWCHC 133 (14 October 2016)

Court

Western Cape High Court, Cape Town

Case number

19695/2012

Judge

Rogers

Private landowner eviction granted, but the court ordered the City of Cape Town to provide nearby emergency accommodation before the eviction date.

• Prevention Of Illegal Eviction Act
• Extension Of Security Of Tenure Act
• Just And Equitable Eviction
• Municipal Housing Obligations
• Emergency Accommodation
• Constitutional Right To Housing