Schubart Park Residents’ Association and Others v City of Tshwane Metropolitan Municipality and Another

Schubart Park is a large residential complex in Pretoria owned by the City of Tshwane. In September 2011, following protests by residents over poor living conditions, fires broke out in one block. The police removed residents from the buildings and thereafter prevented all residents from returning, even after the emergency had ended. Water and electricity had already been cut off. About 3 000–5 000 people were displaced. Residents urgently approached the High Court seeking restoration (re-occupation) of their homes. The High Court refused immediate re-occupation on safety grounds but ordered temporary accommodation in terms of a tender by the City and later incorporated that tender into a court order. The residents sought leave to appeal to the Constitutional Court, arguing that their removal and continued exclusion amounted to unlawful eviction contrary to section 26(3) of the Constitution.

The full details of the final order are not available in the provided extract. From the judgment up to the extracted portion, the Constitutional Court granted leave to appeal and held that the High Court orders could not lawfully justify eviction under section 26(3), while accepting that immediate restoration could be unsafe. Any further declaratory or supervisory relief cannot be conclusively stated because the judgment text ends before the final order is set out.

This case is significant for clarifying that emergency removals and spoliation proceedings cannot be used to effect eviction without complying with section 26(3) of the Constitution. It reinforces the distinction between common-law spoliation and constitutional remedies, and confirms that courts must guard against legitimising unlawful evictions even in urgent or dangerous situations. The judgment builds on Pheko and Olivia Road and strengthens procedural protections for vulnerable occupiers.