Ritama Investments v Unlawful Occupiers of Erf 62 Wynberg (30782/05)
Ritama Investments v Unlawful Occupiers of Erf 62 Wynberg (30782/05) [2006] ZAGPHC 6 (27 January 2006)
The court held that eviction proceedings under PIE require a proactive and activist approach to ensure that all relevant circumstances are established, particularly regarding the availability of alternative accommodation for unlawful occupiers. The municipality and MEC for Housing have constitutional and statutory duties to assist the court and provide information about housing projects and options for relocation. Their failure to do so constitutes a breach of their obligations. The plight of the occupiers and the applicants' interests both demand urgent resolution. The court postponed the ma…
Source excerpt
- Prevention Of Illegal Eviction Act
- Right To Housing
- Just And Equitable Eviction
- Judicial Activism
- Municipal Obligations
- Housing Act