Residents of Joe Slovo Community Western Cape v Thubelisha Homes and Others Case No CCT 22/08

Judgment delivered on 10 June 2009

The judgment underscored the necessity of meaningful engagement and the provision of alternative accommodation. The Court held that no person may be moved unless alternative accommodation is provided to him or her. The Court also required individual engagement with households prior to their move. The Court directed that the state engage meaningfully with the residents on the timetable for the move and on any other matter on which they agree to move. The Court also directed the state to provide 70% of the low cost housing to be built at Joe Slovo to former or current residents of Joe Slovo who have applied for and qualify for housing. The Court rejected the arguments of the Joe Slovo residents that the state was not entitled to seek their eviction in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). It held that by the time the eviction proceedings were launched, the applicants were “unlawful occupiers” within the meaning of PIE, either because they did not have consent to occupy the settlement in the first place, or because that consent was subsequently revoked.

Access the Constitutional Court judgment

Access our Heads of Argument

Download some pictures at the Constitutional Court hearing

Thubelisha Homes and Others v Various Occupants and Others Case No: 13189/07.

The judgment delivered on 10 March 2008.

The Court did not see the case as a mass eviction but a strategic relocation that will not result in homelessness as alternative accommodation has been provided by the state. The Court also interdicted the occupiers from, once they have vacated or been evicted, from returning to Joe Slovo for the purposes of erecting or taking up residence in informal dwellings. The Court based its finding on the fact that the residents were occupying the land unlawfully and without consent of the owner, alternative accommodation has been provided and transport, safety, educational and pension needs have been catered for.