Synopsis:
Appeal from the Supreme Court of Appeal concerning the eviction of over 400 occupiers of two buildings in inner city Johannesburg by the City of Johannesburg. The City had attempted to use health and safety legislation to compel the eviction. It was held that the government, before it evicts residents from their homes, has the constitutional duty to engage meaningfully with them about possible steps that can be taken to alleviate their homelessness and that a criminal sanction could only be imposed on residents who remain in a building after a court order for eviction is granted.