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Jhb can go ahead and evict 300
26/03/2007 17:43 - (SA)
Bloemfontein - The Supreme Court of Appeal has upheld an appeal by the City of Johannesburg, which wants to remove about 300 people from buildings in its inner city area due to health and other dangerous conditions.
The SCA held that the residents of two of the buildings had one month to vacate the buildings otherwise the sheriff would be permitted to remove all people from the property and do "such steps as may be necessary" to prevent the re-occupation of the building.
The court also ordered that the police should help the sheriff if the need arose.
This comes after the city earlier wanted to evict the people from the inner city properties under the National Building Regulations and Building Standards Act.
This act enables the city to prevent people under its jurisdiction from living in dangerous conditions.
A High Court decision in March 2006 in favour of the residents of the buildings stopped the evictions.
Eviction not 'unconstitutional'
The matter concerns a multistorey building known as "San José", in Berea, and a disused two-storey panel-beating workshop on Main Street, in the city centre.
Appeal Judge Louis Harms said in the judgment he found the city's notice to vacate because of fire and health hazards to be neither unconstitutional nor otherwise unlawful.
"Moreover, the obligation of the occupiers to comply with that order is not dependent upon their being provided with alternative accommodation, even if the effect of complying with the order will be that they are left without access to adequate housing," the judgment read.
Earlier, the residents argued in court that the eviction orders the municipality sought would effectively render them homeless, which was in violation of their constitutionally guaranteed rights to housing and protection from arbitrary evictions.
The SCA also ordered the city to offer those evicted a relocation to a temporary settlement area, which would provide basic sanitation, water and refuse services.
'Provide a measure of relief'
Judge Harms said the evictions in the matter did not absolve the city from any constitutional obligations.
He said: "It is apparent that immediately on eviction at least some of the occupiers will not have access to any housing as a consequence of their eviction.
"To some degree, at least, that will place obligations on the city to provide a measure of relief."
The unanimous judgment by five appeal judges also found that this relocation did not have to be within the inner city area as demanded by the residents in court papers.
- SAPA
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