The Occupiers, Shulana Court, 11 Hendon Road, Yeoville, Johannesburg v Steele

The appellants were a group of occupiers living at Shulana Court, 11 Hendon Road, Yeoville, Johannesburg, many of whom had resided there for years under oral month-to-month leases at low rentals. The respondent, the property owner, terminated the leases in order to renovate the dilapidated and overcrowded building. When the occupiers failed to vacate, eviction proceedings were instituted in the South Gauteng High Court. The occupiers did not appear in court, believing in good faith that an NGO (the Inner City Resources Centre) was arranging legal representation. A default eviction order was granted on 18 June 2008. The occupiers later applied for rescission, explaining their non-appearance and asserting constitutional and statutory defences under PIE and s 26 of the Constitution. The rescission application was dismissed, leading to appeals against both the eviction order and the refusal of rescission.

The rescission appeal was upheld with costs. The default eviction judgment granted on 18 June 2008 was rescinded, and the occupiers were granted leave to oppose the eviction application. Costs of the rescission application were reserved for the trial court. No costs order was made in the appeal against the eviction order.

This case reinforces the proactive, constitutionally mandated role of courts in eviction proceedings under PIE. It confirms that eviction orders granted without sufficient information on occupiers’ circumstances and potential homelessness are vulnerable to rescission. The judgment underscores the importance of substantive justice over procedural default in housing-related disputes and strengthens protections against arbitrary evictions.