Pontsho Doreen Motswagae and Others v Rustenburg Local Municipality and Another

The applicants, fifteen occupiers of homes on land owned by the North West Province, had lived for many years in dilapidated buildings earmarked for redevelopment by the Rustenburg Local Municipality. Although a housing renewal programme had been planned since 2004, no consensus was reached with all residents, and some applicants refused alternative accommodation. Without obtaining a court order for eviction, the municipality authorised its contractor to carry out excavation and construction work immediately adjacent to, and interfering with, the applicants’ homes, including exposing foundations using a bulldozer. This materially disturbed the applicants’ peaceful occupation. The applicants sought an interdict in the High Court to stop the interference. The High Court dismissed their application and granted a counter-application restraining them from obstructing the contractor. After leave to appeal was refused by the High Court and the Supreme Court of Appeal, the applicants approached the Constitutional Court.

Leave to appeal was granted and the appeal upheld. The High Court’s order was set aside. The municipality and its contractor were interdicted from performing construction work on the applicants’ properties without their written consent or a court order. The municipality was ordered to pay the applicants’ costs in the High Court, Supreme Court of Appeal, and Constitutional Court.

The case clarifies and strengthens the protection afforded by section 26(3) of the Constitution by confirming that unlawful disturbance short of physical expulsion can amount to an eviction. It reinforces the prohibition on self-help by organs of state and affirms that municipalities must obtain court orders before interfering with occupiers’ homes, even when acting in pursuit of housing development obligations.