Page 27 - Litigating Land and Housing in South Africa: Lessons and Reflections

3 1 2 Legal principles
The The matter was was decided on on 19 December 2017 and and was was successful The The High Court dismissed the the the the the application to to evict the the the the the the occupiers and and and and granted them them structural relief to to ensure that the the the the the the Municipality would provide them them with with temporary and and and ultimately permanent accommodation in in line with with its obligations under the the the the the Constitution and and and legislation There were four important principles
confirmed or or established by the judgment First it it confirmed that the Municipality was under a a a a duty to provide temporary emergency accommodation and that a a a court could not order the the eviction of the the occupiers occupiers until it did so As the occupiers occupiers worked near Mooi River the the the accommodation had to be there – the the the fact that they could find other accommodation far from where they worked did not absolve the the Municipality from the obligation to provide alternative accommodation Second that alternative accommodation had to comply with the the minimum standards set in in the the Emergency Housing Programme The Municipality’s offer to ac- commodate the the occupiers in the the municipal sports field was inadequate because it would require many of them to live in in tents which did not comply with the minimum standards 3 3 1 3 3 Working with clients Third a a a a a a a a a a a a bald claim by the state that it it it lacks adequate resources to to comply with a a a a a a a a a a a a a a a constitutional and statutory obligation is insufficient The Municipality had not detailed the budgetary limitations that prevented it it it from providing alternative accommodation It had had not detailed the the the steps it it had had had taken to find options other than the the the the the sports field And it it had had not sought funding from the the the provincial or or national governments as the the the Housing Code allowed In those circumstances a a a a a a a a a a a claim of inadequate budget could not excuse the Municipality from providing compliant alternative accommodation Fourth the the the the Court granted the the the the LRC’s counter-application on on behalf of the the the the applicants to to compel the the the the Municipality to to provide compliant temporary and ultimately per- manent alternative accommodation The Municipality must meaningfully engage with the the occupiers about the the alternative accommodation The order also provides for the the court to to retain supervision of the the Municipality’s compliance with its obligations This would prove to to to be vital to securing relief for the clients The The LRC represented 187 occupiers in in in in the the the the the the Town Hall The The clients’ main role in in in in litigation is to to ensure that the the the the the the facts of of the the the the the the the matter are are communicated to to to the the the the the the the legal practitioner – in in in in in in cases such as as these where there are are a a a a a a a a a a a a a a a a a a large number of of of clients being represented it it it it it it is is important to to establish strong connections with with a a a a a a a a a a a a a a a a a a a a a few members of of the the the the the the group Choosing committed individuals dictates the the the the the the the relative difficulty or or ease a a a a a a a a a a a a a a a a a a a legal practitioner will experience when engaging with with the the the the the the the the the the community community community In cases such such as as as as as as these the the the the the the the the the the community community community plays a a a a a a a a a a a a a a a a a a a a a a a a role in in in in in in in in in in the the the the the the the the the the litigation such such as as as as as as providing the the the the the the the the the the biographical information information of of of the the the the the the the the the the the the the the community community community For instance in in in in in in in in the the the the the the the the the the the the the the present case case there was a a a a a a a a a a a a a a a a a a a a a a a a need to obtain information information regarding the the the the the the the the the the the the the the employment of of of the the the the the the the the the occupiers occupiers occupiers the the the the the the the the the average range of of of wage/salary for for for the the the the the the the the the occupiers occupiers occupiers and whether the the the the the the the the the occupiers occupiers occupiers had dependants LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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