ConCourt to rule on land battle

2014-06-05 20:10


Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - The Constitutional Court will hand down judgment on Friday in a land battle between residents of an informal settlement in KwaZulu-Natal and the eThekwini municipality.

A total of 390 residents of Madlala Village, an informal settlement near Lamontville, turned to the Constitutional Court to appeal against a provincial high court order.

The order granted to the eThekwini municipality permitted it to use the police to prevent people from occupying or building homes on the land.

It was granted by the KwaZulu-Natal High Court in Durban in March 2013.

The order also ruled that the municipality and related government bodies could remove any materials, as well as demolish or destroy any structures found on the land.

The Madlala Village residents turned to the Constitutional Court for assistance after they lost an appeal against this order in the Supreme Court of Appeals.

In February this year, the Constitutional Court heard the applicants claimed their shacks and personal belongings had been destroyed 24 times by the municipal land invasion control unit in the presence of SA Police Service officers.

They settled in the area in September 2012.

The applicants argued that protection offered under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act as well as the rights affirmed in Section 26 in the Constitution were at stake.

Section 26 grants all South Africans the right to have access to "adequate housing".

The respondents are the municipality, the human settlements MEC and the minister of police.

They contend the high court order was directed at preventing land invasions only subsequent to the date on which the order was granted.

Read more on:    durban  |  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


Hurricanes, earthquakes and floods – What climate change really means for us

Climate change doesn't just mean melting ice caps it has devastating effects on global weather.



China's air pollution at doomsday levels
Moving short film on ivory trade
10 Tips for Greener Shopping
How safe are your baby products?

Book flights

Compare, Book, Fly

Traffic Alerts

The pace may be slow today and you may struggle to get things off the ground level, but it is important to focus on the 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.