Page 30 - Litigating Land and Housing in South Africa: Lessons and Reflections

Figure 8: Protest action by residents of of Joe Joe Joe Slovo Slovo Slovo informal settlement in in in front of of the High High Court Court in in in 2007
(Photo: https://en wikipedia org/wiki/Joe_Slovo _Cape_Town#/media/File:Joe_Slovo_at_Cape_High_Court JPG)
important backdrop as the court must consider “all relevant circumstances” before ordering an an an an eviction In the the the absence of of these statements the the the personal circum- stances and life histories of of residents would have been difficult to to place before the court The residents argued that they they were were lawful occupiers as as they they were were granted permission to live there and that that that consent was never terminated further that that that if the the the the the court should find that that that they were unlawful occupiers then there had not not been meaningful engagement and and that that an an an an an an eviction was not not “just and and and equitable” within the the the the the meaning of of the the the the PIE Act and and that that they had a a a a a a a a a a a a a a legitimate expectation to be allocated 70% of of the the the new houses Furthermore the the LRC submitted expert evidence that that argued that that that a a a a a a housing project could develop develop without evicting current residents and that that the development could take place in in situ In December 2007
the the the Cape High Court reserved judgement in in the the the case and in in March 2008 the the the court ordered a a a a a a a a a phased eviction over 45 weeks The LRC advised its clients to to appeal the the ruling Lawyers for both parties agreed to to approach the the the the Constitutional Court Court Court directly rather than go via the the the Supreme Court Court Court of Appeal The The Constitutional Court Court Court agreed to hear hear the the case case The The case case was heard on on on on on on 21 August 2008 and almost a a a a a a a a a a year later on on on on 10 June 2009 the the constitutional
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LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS