Port Elizabeth Municipality v Various Occupiers (CCT 53/03) [2004] ZACC 7 (1 October 2004)

Application for leave to appeal against decision of the Supreme Court of Appeal. In response to a petition signed by 1600 people in the suburb of Lorraine, the Port Elizabeth Municipality sought an eviction order against 68 persons living in shacks on privately owned land. The occupiers had appealed successfully to the Supreme Court of Appeal against the eviction. The Municipality applied for leave to appeal to this Court, arguing that it was not constitutionally obliged to find alternative accommodation or land when seeking an eviction order. Sachs J for a unanimous Court. Section 26(3) of the Constitution provides that no one may be evicted from their home or have their home demolished without an order of court made after considering all the relevant circumstances. Section 6 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act provides for circumstances in which a municipality may apply to evict unlawful occupiers. A court may order eviction if it is just and equitable to do so. Although it was not under a constitutional duty in all cases to provide alternative accommodation or land, its failure to take all reasonable steps to do so would be an important consideration in deciding what was just and equitable. Here, it was not just and equitable for the eviction order to be granted. Application for leave to appeal refused with costs.

South Eastern Cape Local Division of the High Court ordered occupiers to vacate land. Occupiers took matter on appeal to the Supreme Court of Appeal (SCA) which upheld the appeal and set aside the eviction order. This judgment concerns leave to appeal to the Constitutional Court against the decision of the SCA and to have the eviction order restored.