South Africa Case Law

Pheko and Others v Ekurhuleni Metropolitan Municipality (CCT 19/11)

Pheko and Others v Ekurhuleni Metropolitan Municipality (CCT 19/11) [2011] ZACC 34; 2012 (2) SA 598 (CC); 2012 (4) BCLR 388 (CC) (6 December 2011)

Court

Constitutional Court

Case number

CCT 19/11

Judges

Nkabinde, Mogoeng, Moseneke, Froneman, Jafta, Khampepe, Skweyiya, Van der Westhuizen, Yacoob

The Constitutional Court held that the Disaster Management Act does not authorise eviction or demolition of homes without a court order. Section 26(3) of the Constitution requires judicial oversight for any eviction or demolition, and the DMA only permits temporary evacuation for the preservation of life, not indefinite removal or destruction of homes. The Municipality's actions in forcibly removing the applicants and demolishing their homes without a court order were unlawful and violated their constitutional rights to housing and dignity. The High Court erred in its interpretation and faile…

Source excerpt

• Eviction Without Court Order
• Disaster Management Act
• Section 26 Right To Housing
• Section 10 Dignity
• Municipal Obligations
• Supervisory Relief