Occupiers of Portions 124 and 150 of the Farm Zandfontein 317JR v Brookway Property 30 (Pty) Ltd and Another

 Case No. Lower Court Judgments Hearing Date Judgment Date
CCT 69/11 North Gauteng High Court, 30 Sep. 2010 30 Aug. 2012 TBA

This application for leave to appeal pertains to an eviction order for the removal of approximately 800 occupiers from privately owned land.  In the Constitutional Court, the occupiers applied for an order that the allocation of alternative accommodation, by the City of Tshwane, should be a precondition to their eviction.  The occupiers further sought an order requiring the City to compensate the landowner for their occupation.  The City did not oppose the application for leave to appeal.  It did however submit that it was unfair to expect municipalities to carry the cost of providing alternative accommodation, and that this burden rests also on the provincial and national spheres of government.

On 30 August 2012, the Constitutional Court postponed the application following the liquidation of the landowner.  Costs remain the only outstanding matter to be decided.

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