Page 8 - Notes from LRC's Housing Conference

iv) Occupiers of Joe Slovo v Thubelisha Homes (eviction for purpose of upgrading informal settlements)
v) Blue Moonlight Properties v City of Johannesburg (evictions from private land, local government obligations in
respect of emergency housing)
vi) Occupiers of Skurweplass 353JR v PPC (mass eviction, emergency housing)
vii) City of Johannesburg v Changing Tides (procedure in eviction cases)
viii) Zulu v Ethekwini Municipality (overbroad land invasion interdicts unconstitutional)
Learnings from all these judgements is that a standard was set for:
• Establishing whether the state was acting reasonably.
• Establishing the emergency needs of people facing evictions.
• Whether those being evicted will be left homeless.
2.1.2. THE EXTENSION OF SECURITY OF TENURE ACT 62 OF 1997
1. Why was ESTA promulgated?
• Gives effect to security of tenure provided for under s25(6) of the Constitution
• ESTA recognises that the law should promote the achievement of long-term security of tenure for occupiers of land.
• ESTA recognises that ESTA occupiers are vulnerable.
• ESTA regulates the procedure for eviction of ESTA occupiers.
• ESTA also protects landowners.
2. Definition of an “occupier” in terms of ESTA:
• A person/s residing on land with owner’s consent.
• It excludes the following:
- A person using or intending to use the land in question mainly for industrial, mining, commercial, or commercial farming.
- A person who has an income in excess of R13 625,00.
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SUMMARY NOTES FROM THE HOUSING CONFERENCE