After resisting evictions for 10 years, the case involving a group of Bromwell Street residents in Woodstock, Cape Town will be heard in the Constitutional Court.

A News24 report notes the case emerged after residents' homes were bought by private developers – the Woodstock Hub – in 2013 from the landlord as part of the suburb's gentrification push.

Initially, the City of Cape Town appealed a judgment that was made in September 2022 by the Western Cape High Court, which ruled its emergency housing programme and implementation unconstitutional and ordered it to make available temporary housing to the 26 applicants in an area close to where they are currently residing.

The SCA upheld the city's appeal, dismissing the High Court ruling.

Ndifuna Ukwazi (NU), which represents the residents, subsequently filed an application to challenge the SCA ruling.

The News24 report says in its application, it said the SCA made several errors in its findings and the court failed to consider the occupiers' affidavits as they were the basis for the relief sought. ‘It is respectfully submitted that this finding by the SCA proceeded on the erroneous premise that the occupiers' constitutional challenge asserted an unqualified duty on the city to provide emergency accommodation at a specific locality,’ NU said.

It added the SCA ‘mischaracterised’ the nature of the occupiers' constitutional challenge to the city's housing programme and its conduct in implementing that programme.

It said the evidence before the SCA made it clear that the city's approach to housing in the immediate inner city and surroundings was exclusively focused on the provision of social housing and not emergency housing in these areas.

In response to NU's application, the city said in its responding papers there would be far-reaching consequences should the applicants (the residents) succeed in their appeal.

‘It would have significant implications for the delivery of housing by municipalities.’

According to the News24 report, the city added it accepted it bore such an obligation to provide emergency accommodation and has accordingly made certain offers of emergency accommodation to the Bromwell residents.

‘Whether the emergency housing that the city makes available must provide reasonable physical accessibility to economic opportunities, and to health, educational and social amenities. It is notable that the inner-city is not the only area that provides physical accessibility to these opportunities and amenities,’ it said.

Full News24 report