The respondent, Mr Devarajh Moodley, an Inspector in the South African Police Service (SAPS), occupied official police married quarters at Aurora Flats in Durban from 1995. His occupation was governed by SAPS regulations and housing policies providing for temporary occupation linked to employment. After expiry of an approved extension in June 2002, Moodley remained in occupation and continued paying the occupancy rate. In 2005 SAPS introduced a new housing policy requiring all occupants to reapply. Moodley reapplied but his application was unsuccessful, and in February 2006 he was given three months’ notice to vacate on the basis that members who had occupied quarters for more than five years should vacate. He made representations concerning his personal and family circumstances, which SAPS treated only as a request for an extension of time to vacate, granting a final extension until 31 December 2006. Subsequent disputes, including proceedings before the Rental Housing Tribunal and interim High Court litigation, culminated in the Minister bringing a counter-application in the KwaZulu-Natal High Court seeking Moodley’s eviction. The High Court dismissed the counter-application on the basis that the notice provisions of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998 (PIE) had not been complied with. The Minister appealed to the Supreme Court of Appeal.