Occupiers of Skurweplaas 353 JR v PPC Aggregate Quarries (Pty) Limited and Others

Approximately 50 families unlawfully occupied privately owned land known as the Remaining Extent of the Farm Skurweplaas 353 JR in the City of Tshwane. The landowner, PPC Aggregate Quarries (Pty) Limited, obtained an eviction order in the North Gauteng High Court under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The High Court ordered the City of Tshwane to audit the occupiers and provide them with alternative land by specified dates, but authorised PPC to evict the occupiers regardless of whether alternative accommodation had been provided. The occupiers contended that the eviction order was not just and equitable as required by section 4(6) of PIE because it allowed eviction even if they would be rendered homeless.

Leave to appeal was granted and the appeal upheld. The High Court order was set aside. The City of Tshwane was ordered to gather information on the occupiers and provide those who would be rendered homeless with alternative accommodation by 30 April 2012. PPC Aggregate Quarries was entitled to evict the occupiers only from 31 May 2012. The City was ordered to pay the costs of the applicants and PPC, including costs of two counsel.

The case reinforces and applies the Constitutional Court’s jurisprudence in Blue Moonlight on evictions and homelessness. It affirms that eviction orders under PIE must be structured to prevent homelessness and must link eviction dates to the provision of alternative accommodation by municipalities. The judgment underscores the constitutional obligation of municipalities to play an active role in eviction proceedings and clarifies that private property rights may be reasonably limited in the justice and equity enquiry.