City of Cape Town v South African Human Rights Commission (144/2021)
City of Cape Town v South African Human Rights Commission (144/2021) [2021] ZASCA 182 (22 December 2021)
The Supreme Court of Appeal held that the interim orders granted by the High Court, except for the compensation and return of building materials, were not final in effect and did not meet the criteria for appealability. No irreparable harm or grave injustice would result from maintaining judicial oversight of evictions and demolitions during the national state of disaster. The interests of justice did not warrant the appeal of these interlocutory orders, and the appeal against paragraphs 1-4 was dismissed. However, the order for compensation and return of building materials was final in natur…
Source excerpt
- Appealability Of Interim Orders
- Eviction Procedure
- Constitutional Damages
- Counter Spoliation
- Judicial Oversight Of Evictions
- Disaster Management Regulations