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

 
/News
 

Joburg hot spots for cocktails, craft beer, tapas and wine!

It’s the season to be jolly – so we’ve rounded up some new Joburg hot spots!

 
 

I love summer.24

13 things you might not know about Disneyland
The craziest deaths of 2014
How to make this a sensual, sexy summer!
This is what South Africans Googled in 2014!

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

2DAYS ONLY – 30% off Appliances

Coffee makers, blenders, fans, juicers and more. T&Cs apply. Shop now!

2 DAYS ONLY – 40% off books

Get 40% off when you buy 2 books. For two days only! T&Cs apply. Buy now!

Up to 50% off on outdoor gear

Save on chairs, blankets, cooler bags, umbrellas and more. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy 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

Horoscopes
Aquarius
Aquarius

There is so much going on around you and inside your head. You may want to take your ideas to the next level. Romance may be...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.