
Subscribe & Follow
#AfricaMonth
In the news
Judges in shack demolition case fail to reach agreement

The SAHRC, represented by the Legal Resources Centre, wants an interim August court ruling on evictions to be made final. On 25 August, Judges Meer and Allie ruled in favour of the SAHRC and the EFF. This meant that while the state of national disaster prevailed, the City’s Anti-Land Invasion Unit (ALIU) would not be allowed to evict people or demolish their structures, whether occupied or unoccupied, without a court order.
The SAHRC wants to extend this ruling to hold generally, arguing that the principle of counter-spoliation is unconstitutional in the context of the right to housing.
But the City, and the Western Cape government, oppose this, arguing that the common law principle of “counter-spoliation” recognises an owner’s right to immediately retake possession of unlawfully taken property, without approaching a court first.
Judges Meer and Allie said on 1 December that they had not been able to reach agreement and that the matter would now have to be reheard by three judges of the Western Cape High Court.
The date of that hearing is not yet known.
This article was originally published on GroundUp.
Source: GroundUp

GroundUp is a community news organisation that focuses on social justice stories in vulnerable communities. We want our stories to make a difference.
Go to: http://www.groundup.org.za/Related
Evicted waste pickers must be allowed to earn a living, court rules 5 May 2025 Landmark judgment on evictions in Johannesburg 11 Apr 2025 Court sets aside eviction of circus occupiers 2 Apr 2025 John Hlophe’s meddling in eviction matter slammed by appeal court 13 Nov 2024 Court criticises Prasa for illegal evictions 30 Aug 2024 Cape Town's homeless eviction ruling: Struggle between rights and safety 10 Jul 2024
