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dc.date.accessioned 2017-08-22T09:56:17Z
dc.date.available 2017-08-22T09:56:17Z
dc.identifier.citation 2009 (9) BCLR 847 (CC)
dc.identifier.citation 2010 (3) SA 454 (CC)
dc.identifier.citation [2009] ZACC 16
dc.identifier.uri http://hdl.handle.net/20.500.12144/34560
dc.title 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) en_US
dc.title.alternative CCT22/08
dc.identifier.casenumber CCT22/08
dc.date.hearing 21 August 2008
dc.contributor.judge Yacoob J separate judgment
dc.contributor.judge Moseneke DCJ separate judgment
dc.contributor.judge Ngcobo J separate judgment
dc.contributor.judge O'Regan J separate judgment
dc.contributor.judge Sachs J separate judgment
dc.date.judgment 10 June 2009
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/34560/Full%20judgment%20Official%20version%2010%20June%202009.PDF?sequence=1&isAllowed=y
dc.concourt.synopsis 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the meaning of the PIE Act either because there was there was no consent to occupy the property or such consent had been revoked.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.
dc.concourt.casehistory 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.


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