The Occupiers of Erf 101, 102, 104 and 112, Shorts Retreat, Pietermaritzburg v Daisy Dear Investments (Pty) Ltd and Others

A large group of poor, unemployed and homeless people occupied Erven 101, 102, 104 and 112 at Shorts Retreat, Pietermaritzburg without consent and erected informal dwellings. The occupation endured for more than five years and developed into a community of approximately 2 000 people, including vulnerable groups such as women-headed households. The landowners were aware of the occupation but only sought eviction after the Msunduzi Municipality demanded eviction in 2006 on health by-law grounds. Eviction proceedings were instituted under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE), and the High Court ordered the occupiers to demolish their homes and vacate the properties without joining the municipality or adequately considering alternative accommodation.

The appeal was upheld. The eviction order of the High Court was set aside. The Msunduzi Municipality was joined as a party and directed to file a detailed report on alternative land or emergency accommodation and the consequences of eviction. The matter was postponed sine die, costs were reserved, no costs order was made on appeal, and the matter was remitted to the High Court for further conduct.

The case restates and reinforces the procedural and substantive safeguards in eviction proceedings under PIE. It emphasises the duty of courts to ensure that evictions are just and equitable, the necessity of joining municipalities in large-scale eviction cases, and the importance of considering alternative accommodation and mediation. It contributes to the jurisprudence on section 26 of the Constitution and the active role courts must play in managing eviction disputes.