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City of Cape Town v Maart & Others (8667/2006) [2010] ZAWCHC 41 (16 March 2010)
The High Court granted eviction of unlawful occupiers from municipal land, finding the offer of Blikkiesdorp reasonable and just and equitable under PIE.
Occupiers of ERF 101,102, 104 and 112, Shorts Retreat, Pietermaritzburg v Daisy Dear Investments (Pty) Ltd and Others (245/08) [2009] ZASCA 80; 2010 (4) BCLR 354 (SCA); [2009] 4 All SA 410 (SCA) (3 July 2009)
The Supreme Court of Appeal found that the requirements of PIE were not met before the eviction order was granted. The High Court failed to consider whether alternative land or emergency accommodation was available for the occupiers, and did not take into account the rights and needs of vulnerable groups. The municipality, as a necessary party with constitutional obligations, should have been joined to the proceedings. The court emphasized that mediation should have been considered before granting an eviction order, especially given the large number of people affected. The eviction order was…
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