Residents of Joe Slovo Community Western Cape v Thubelisha Homes and Others (Centre on Housing Rights and Evictions and Community Law Centre University of the Western Cape as Amici Curiae)
The Court held unanimously that leave to appeal should be granted, the appeal should succeed in part, and the High Court order should be set aside and replaced. The final order was justified because the applicants were unlawful occupiers for purposes of PIE, the eviction and relocation were in the public interest and just and equitable in light of the housing programme, and the state had acted reasonably under section 26. The Court also required stronger protections: meaningful engagement, adequate temporary accommodation, and a binding allocation of 70% of the new houses to qualifying curren…
Source excerpt
- Eviction
- Unlawful occupier
- Tacit consent
- Reasonable notice
- Meaningful engagement
- Just and equitable relief