CCT22/08

2009 (9) BCLR 847 (CC)

2010 (3) SA 454 (CC)

[2009] ZACC 16

Yacoob J separate judgment

Moseneke DCJ separate judgment

Ngcobo J separate judgment

O'Regan J separate judgment

Sachs J separate judgment

21 August 2008

10 June 2009

http://hdl.handle.net/20.500.12144/34560

Application for leave to appeal to the CC against the order of eviction made by the Western Cape High Court, Cape Town: Thubelisha Homes and Others v Various Occupants and Others Case No 13189/07, Western Cape High Court, Cape Town, 10 March 2008, unreported.

This was an application for leave to appeal against an order of the Western Cape High Court, which ruled in favour of the respondents by granting an eviction order. The High Court held that the respondents had complied with the requirements of the PIE Act 19 of 1998. The applicants appealed the decision to the Constitutional Court on the basis that, inter alia, the PIE Act was not applicable to them because they had consent to occupy the Joe Slovo settlement and such consent was still valid. Consequently, they were not 'unlawful occupiers' as stipulated in the PIE Act and could thus not be evicted. The judgment of the Court held that, at the time the eviction proceedings were initiated, the applicants were unlawful occupiers within the meaning of the PIE Act either because there was there was no consent to occupy the property or such consent had been revoked. The Court granted a structured eviction order based on the draft order submitted by the respondents. All judges concurred in the judgment of the Court. 5 separate, concurring judgments were written by Deputy Chief Moseneke, Justice Ngcobo, Justice O'Regan, Justice Sachs and Justice Yacoob explaining the reasons for their concurrence.