Page 31 - Litigating Land and Housing in South Africa: Lessons and Reflections

court court court handed down five judgments supporting the the court court court order order The court court court upheld the the the eviction eviction order order but attached several conditions to to the the the eviction eviction Alternative accommodation was to to be provided and the the the order outlined details of what this meant – including the the size
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of of houses level of of services transport provision and so so on on The parties were also required to to ‘engage mean- ingfully’ Further government was ordered to to to report regularly to to the the the the court on on the the the the progress of the the the the eviction • First whether the the the the respondents (namely the the the the government departments and the the the the the the City) had made out a a a a a a a a a case for the the the the eviction of of the the the the applicants in terms of of the the the the the the PIE Act Key to this question was whether at the the the the the time the the the the the eviction proceedings were were launched the the the the the the the residents were were ‘unlawful occupiers’ within the the the the the meaning of the the the the the PIE Act and and and whether it it it was just and and and equitable to evict them and and and • Second whether the the the respondents had acted reasonably within the the the the the the meaning of of of section 26 of of of the the the the Constitution in in in in seeking the the the the eviction of of of the the the the residents The Court found that the the the provision of of of basic services by the the the the City City of of of Cape Town was evidence of of of the the the the City’s per- ception that that the the the the the the residents were legitimate occupiers It proved that that that the the the the the the City accepted their presence on on the the the the the the land and and the the the the the fact that that they had to be provided for for in a a a a a a a a a a a a a humane manner for for a a a a a a a a a a a a a a a considerable period until access to to adequate housing was realised The provision of basic services had when taken together with several other factors to to to to lead to to to to the the the the the irresistible inference that the the the the the City had tacitly given its permission permission for the the the the the occupa- tion The Court however found that the the the the tacit tacit permission permission to occupy was withdrawn by the the the the City when it it it it embarked on on the the the the the process of upgrading the the the the the land The Court found that that provided that that the the the the the order for the the the the the eviction and and relocation relocation of of the the the the the residents made appropriate provision for the the the the the safe dignified and and humane relocation relocation relocation of of of all the the the the the residents the the the the the eviction and and and relocation relocation of of of the the the the the applicants would be just and and equitable as required by s s s s s s 6(3) of of the the the PIE Act The Constitutional Court order outlined the require- ments of of of what alternative accommodation should look like – including the the the size
of of of house and the the the level of of of ser- vice provision The Court specified that the the the temporary residential accommodation units must:
• Be at least 24 m2 in extent • Be serviced with tarred roads • Be individually numbered for purposes of identification • Have walls constructed with a a a a a substance called Nutec • Have a a a a galvanised iron roof • Be supplied with electricity electricity through a a prepaid electricity meter • Be situated within reasonable proximity of a a a a a a a communal ablution facility • Make reasonable provision (which may be communal) for toilet facilities with water-borne sewage and • Make reasonable provision (which may be communal) for fresh water This was the the first time that any Court imposed such strict requirements for the the the provision of alternative accommodation and and gave meaning and and content to the the obligation that government may have when providing alternative accommodation The Constitutional Court was asked to decide the following questions:
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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