ConCourt sends eviction case back

2011-12-07 19:03
Johannesburg - The Constitutional Court sent an eviction case back to the North Gauteng High Court on Wednesday.

It ordered the City of Tshwane to get more information on the matter for the High Court.

About 170 families had hoped to appeal against an eviction order granted by the High Court.

They took the land owner, Golden Thread Limited, the City of Tshwane, the minister for human settlements and the MEC for local government and housing to court.

The owner had obtained an eviction order to have them removed from Portion 25 of the farm Mooiplaats near Atteridgeville.

The people being evicted contested the High Court's finding that the eviction order was just and equitable, and appealed.

The city, the minister and the MEC joined in the proceedings in the High Court but except for a written submission by the MEC, took no part in them.

The High Court complained about this, but did not order the city to provide any information on the people being evicted.

Emergency housing

In a unanimous judgment written by Judge Zac Yacoob, the Constitutional Court held that, with a large number of families to be rendered homeless, the high court should have investigated more closely the question of whether their eviction was just and equitable.

Yacoob rejected the city's submission that Chapter 12 of the National Housing Code and the relevant legislative framework showed it was not obliged to provide emergency housing.

The city had contended that the province of Gauteng, not the city itself, was obliged to finance all emergency housing provision.

Yacoob said this proposition was "roundly rejected" by him and colleagues in a separate judgment handed down on Monday.

That judgment set a deadline for the city to provide alternate accommodation for people who are to be evicted from a derelict building.

The Constitutional Court ordered that the city of Tshwane file a report in the High Court, confirmed on affidavit, by February 28 about the people and the options available should they be rendered homeless.

Yacoob took exception to Golden Thread and the city describing the applicants as the "people who intend invading" or "who invaded" saying "occupiers" was more appropriate.

"This description of human beings is less than satisfactory and cannot pass without comment. It detracts from the humanity of the occupiers, is emotive and judgmental and comes close to criminalising the occupiers."
- SAPA

Read more on:    housing
NEXT ON NEWS24X

SHARE:

Read News24’s Comments Policy

24.com 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
0 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Fashion
 
Traffic
Lottery
 
  • Friday Cape Town - 16:15 PM
    Road name: Wet Weather
    RAIN across the greater Cape Town area - drive with care and use headlights - Allow Extra Tavel Time
  • Friday Kuils River - 09:28 AM
    Road name: Polkadraai Road Eastbound
    ROADWORKS between the R102 Van Riebeeck Road and the R310 Baden Powell Drive exit - DELAYS
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

2 TV Series for R250

Get 2 TV Series box sets for R250 and save up to R148! Offer valid while stocks last. Shop now!

Mind blowing deals on beauty & fragrances

Save up to 30% off beauty and fragrances. Offer valid while stocks last. Shop now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

Mind blowing deals on electronics!

Save up to 35% on electronics. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Nokia E6

Nokia E6 has 8-megapixel digital camera with autofocus and built...

From R2599.69

I'm shopping for:

Horoscopes
Aquarius
Aquarius

The day may have a fluctuating sensitive energy to begin with, but later when the Moon moves into dramatic and creative Leo you...read more

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

Hello 

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 24.com network.

Settings

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.