Occupiers of 51 Olivia Road, Berea Township, and 197 Main Street, Johannesburg v City of Johannesburg and Others

More than 400 occupiers of two inner‑city Johannesburg buildings faced eviction after the City of Johannesburg declared the buildings unsafe and unhealthy under building and health legislation. The City sought eviction without having engaged with the occupiers beforehand. The occupiers resisted eviction and launched counter‑applications, arguing that eviction without alternative accommodation and without proper engagement violated section 26(3) of the Constitution and that the City’s housing programme was constitutionally inadequate. The High Court found the City’s housing programme deficient and interdicted eviction pending provision of suitable accommodation. On appeal, the Supreme Court of Appeal authorised eviction subject to temporary accommodation for certain occupiers. The occupiers then applied to the Constitutional Court.

The Constitutional Court held that eviction should not proceed in the absence of meaningful engagement and effectively set aside the eviction order granted by the Supreme Court of Appeal insofar as it authorised eviction without prior engagement; the matter was largely resolved through a settlement facilitated by the Court’s interim engagement order.

This case firmly established meaningful engagement as a constitutional requirement in eviction cases involving municipalities and potential homelessness. It strengthened the procedural dimension of housing rights under section 26 and reshaped eviction jurisprudence by requiring courts to consider engagement as a central factor, influencing subsequent housing and eviction cases across South Africa.