CCT19/11

[2011] ZACC 34

2012 (2) SA 598 (CC)

2012 (4) BCLR 388 (CC)

Nkabinde J

6 December 2011

http://hdl.handle.net/20.500.12144/3649

Application for leave to appeal against a judgment of the North Gauteng High Court, Pretoria: Pheko and 777 Others v Ekurhuleni Metropolitan Municipality, Case No 5394/11, North Gauteng High Court, Pretoria, 9 June 2011, as yet unreported

Application for leave to appeal against a decision of the North Gauteng High Court that allowed the removal of a number of residents of Bapsfontein Informal Settlement and the demolition of their homes. The Court had to determine whether the removal could be considered an ‘evacuation’ in terms of the Disaster Management Act 57 of 2002. The Court held that the removal and demolition did not amount to an evacuation. The conduct was therefore an infringement of the applicants’ rights in section 26(3) of the Constitution. Leave to appeal was granted and the appeal upheld. The order of the High Court was set aside and the municipality was ordered to identify land for the development of housing for the applicants, and report back by a specified date. Judgment: Nkabinde J (unanimous).