ConCourt ruling on evictions welcomed by LRC
The Legal Resources Centre has welcomed a Constitutional Court judgment which has implications for the conduct of courts in future evictions of occupiers, says a TimesLIVE report. The centre represented the Poor Flat Dwellers Association‚ a non-profit organisation formed in 2009 to resist the exploitation of flat dwellers‚ as a friend of the court in the case in which the Constitutional Court held that courts have an obligation to consider all relevant considerations before ordering an eviction‚ in cases where an unlawful occupier has apparently consented to his removal.
The Constitutional Court rescinded a 2013 order made by the Gauteng High Court (Johannesburg) evicting 184 occupiers from a block of flats in Berea‚ Johannesburg.
It was understood that the terms of the court order had been consented to by the occupiers‚ when‚ in fact‚ only four people appeared in court claiming to represent the community of occupiers. The eviction was granted based on this draft order, and the matter went on appeal before reaching the Constitutional Court. ‘The LRC welcomes this significant decision ... as it will reduce the vulnerability and uphold the rights of the vast number of individuals facing mass eviction‚ who often form part of our disadvantaged and indigent in society,’ it is quoted as saying.
© Juta and Company (Pty) Ltd 2016
Article disclaimer: Juta expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this article without notice. Accordingly, any information, including journalistic articles, are not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or services. Before making any decision or taking any action based on the information contained in this article, which decision or action might affect your personal finances or business, you should consult a qualified professional advisor.