City of Cape Town v The South African Human Rights Commission and Others

Between April and July 2020, the City of Cape Town, through its Anti-Land Invasion Unit (ALIU), removed homeless people who had occupied or were in the process of occupying various parcels of unoccupied land in Cape Town. The City demolished informal structures such as shacks and destroyed some occupants’ belongings, without obtaining court orders. Some occupiers were injured and subjected to humiliating treatment. The South African Human Rights Commission approached the Western Cape High Court for urgent relief, contending that the City’s actions were unlawful and unconstitutional. The City sought to justify its conduct by relying on the common-law defence of counter-spoliation, arguing that it was entitled to act without court orders to prevent land invasions. The High Court held that the City had misapplied counter-spoliation and declared its conduct unlawful and unconstitutional in several respects. The City appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel where so employed.

This judgment authoritatively clarifies the narrow scope of the common-law defence of counter-spoliation in the context of land invasions and informal housing. It confirms that municipalities may not bypass judicial oversight once unlawful occupiers have acquired effective possession, and it reinforces constitutional protections against arbitrary evictions. The case strengthens the rule of law by limiting self-help by organs of state and ensuring alignment between common-law property remedies and constitutional rights to dignity and housing.