The Unlawful Occupiers of the School Site v The City of Johannesburg

The City of Johannesburg applied for the eviction of over 700 families unlawfully occupying a school site in Alexandra, Johannesburg, under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The land, owned by the Gauteng Province and zoned for schools, housed four schools serving about 5 000 pupils but had become overcrowded by an informal settlement that posed safety and health risks to learners. As part of the Alexandra Renewal Project, the occupiers were offered free formal housing in Bramfischerville, approximately 37 kilometres away. After attempts at voluntary relocation failed, the City sought an eviction order. The High Court granted the eviction. The occupiers appealed on procedural and technical grounds, not challenging the substantive finding that eviction was just and equitable.

The appeal was dismissed and the eviction order granted by the Johannesburg High Court was upheld.

The case is significant for clarifying procedural aspects of eviction proceedings under PIE, particularly the application of substantial compliance to section 4(2) notices and the proper method for challenging authority to litigate on behalf of an organ of state. It reinforces a pragmatic, purposive approach to PIE that balances procedural protections for unlawful occupiers with effective governance and public interest considerations.