Port Elizabeth Municipality v Baartman and Others

The appellants were a group of unlawful occupiers who had erected informal shacks on privately owned, undeveloped residential erven in Lorraine, Port Elizabeth, without the consent of the owners or the Port Elizabeth Municipality. The Municipality, as an organ of state, applied for their eviction under section 6 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The occupiers had lived on the land for periods ranging from two to ten years and included households with children, disabled persons, and largely unemployed individuals. They did not oppose eviction per se but requested that alternative land be made available where they could enjoy some security of tenure. The Municipality suggested relocation to Walmer Township but provided no assurance of lawful occupation or security of tenure there. The High Court granted the eviction order, and the occupiers appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The eviction order granted by the High Court was set aside and replaced with an order dismissing the Municipality’s application with costs.

This case is a leading authority on the interpretation and application of PIE, particularly section 6, and on the role of constitutional values in eviction proceedings. It underscores that organs of state bear special responsibilities when seeking eviction and must act consistently with the right of access to adequate housing. The judgment affirms a humane, context-sensitive approach to evictions and has had a lasting influence on eviction jurisprudence in South Africa.