CCT26/11

[2011] ZACC 36

2012 (4) BCLR 382 (CC)

Yacoob J

7 December 2011

http://hdl.handle.net/20.500.12144/3651

Applicants challenge the correctness of the High Court order in PPC Aggregate Quarries (Pty) Ltd v The People who intend invading the Remaining Extent of the Farm Skurweplaas 353, J.R., Tshwane, Gauteng and Others Case No. 12289/2010, North Gauteng High Court, Pretoria, 24 March 2010, unreported.

Application for leave to appeal against order that the eviction of approximately 50 families from privatelyowned land was just and equitable in terms of section 4(6) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. The Court found that when assessing whether an eviction order is just and equitable, the owner’s right to property is not unqualified. It noted that there was no evidence that the owner of the land intended to make use of it in the foreseeable future. It could not be assumed that the Municipality would not abide by an order of court directing it to provide the occupiers with alternative accommodation. The Court therefore held that it would not be just and equitable for the occupiers to be rendered homeless during an intervening period between their eviction and the date on which they were provided with alternative accommodation. The order of the High Court was set aside and the Municipality was ordered to provide those occupiers who would otherwise be rendered homeless with alternative accommodation by a specified date. The owner was permitted to evict the occupiers one month thereafter. Judgment: Yacoob J (unanimous).