City of Johannesburg loses eviction case

2011-12-01 19:02

Johannesburg - The City of Johannesburg must provide emergency housing for 86 people to be evicted from a building earmarked for redevelopment in Berea, according to a judgment handed down on Thursday.

The Constitutional Court also found the city's housing policy was inconsistent with its housing obligation, and unconstitutional because it did not provide accommodation for people in an emergency situation.

It rejected the city's argument that even if it did have an obligation to provide temporary accommodation in such cases, it did not have the means to do so.

"The court was not persuaded that the city did not have sufficient resources to provide accommodation for the occupiers, holding that the city had wrongly budgeted on the basis that it was not obliged to provide them with emergency housing."

The judgment dealt with when it would be just and equitable under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) to evict unlawful occupiers from private property.

It was common cause that the occupiers of the building were unlawful.

But they had been living in the building in abysmal conditions for a long time, and had paid rent, although no record of the rent to the present owner through a third party could be found.

Owners of the property, Blue Moonlight, bought the property in 2004 but met resistance when it wanted to redevelop it. The building was also a fire risk.

The occupants, who brought in around just over R1 000 per household, did not want to move because they would be homeless and away from their sources of income.

They tried to raise the matter with the housing tribunal, but eventually the issue went to court.

The city must, by April 1 2012, provide the occupiers whose names are on a list filed on April 30 2008, with temporary accommodation as near as possible to the Berea property.

Read more on:    johannesburg  |  housing

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions. publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24


Meet instagram star, Pumpkin the racoon

With 300 000 followers and growing Pumpkin is winning over the internet!



The cats that cost R35 000
Miley Cyrus can’t get enough of her new puppy
13 guilty pets
Meet SA's top poacher-catcher

Book flights

Compare, Book, Fly

Traffic Alerts

Plant some seeds. Your innovative mind is on fire and your ingenious ideas may just be the seeds for future projects. You may more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.