Ignore me at your peril: Protecting vulnerable groups in eviction matters
Ignore me at your peril: Protecting vulnerable groups in eviction matters
Podcast
Ignore me at your peril: Protecting vulnerable groups in eviction matters
Podcast
Dipuo refers to the case of the City of Johannesburg v Occupiers of a Farm in Randjesfontein, where the High Court had granted an eviction order based on alternative accommodation proposed by the municipality, an option initially agreed upon by both parties. However, the municipality later shifted its position, citing zoning issues with the proposed site.
Dipuo explains that the court emphasised the vulnerability of women, children, and the elderly, some of the most marginalised groups in our society. These groups are specifically prioritised under Section 4(7) of the Act, which requires courts to consider all relevant personal circumstances when issuing a just and equitable eviction order.
Dipuo notes that the judgment reaffirms the importance of these circumstances, particularly, in this case, the right to earn a living. The Supreme Court of Appeal (SCA) has now expressly recognised this right as a key consideration when deciding on eviction orders involving vulnerable individuals and other unlawful occupiers. The matter was brought before the SCA as the municipality appealed the High Court’s ruling. The SCA ultimately handed down what Dipuo describes as a landmark decision.
Click here to listen to the interview.
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