Mogoeng hears first Concourt case

2011-09-13 11:03

Newly-appointed Chief Justice Mogoeng Mogoeng was scheduled to preside over his first Constitutional Court case today, the SABC reported.

Mogoeng was appointed last week amid objections that President Jacob Zuma had not considered objections to Mogoeng’s position as chief justice.

Mogoeng was to preside over an appeal by about 350 families evicted from two plots in Mooiplaats, near Atteridgeville, Pretoria.

The families were evicted from the plots, which fell under the jurisdiction of the City of Tshwane, after an earlier ruling by the Gauteng North High Court.

According to Constitutional Court media notes, the court challenge was an attempt to have earlier rulings appealed.

The basis of the appeal was to contest the ruling that in one case the municipality was to provide the people evicted with land, while the other judgment did not.

The applicants were expected to argue that it would not be just and equitable to evict them, unless this was conditional on the provision of alternative accommodation.

The owner of one of the plots and the municipality were expected to argue that providing alternative accommodation was not their responsibility, but that of provincial and the national government.

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