City of Johannesburg v Changing Tides 74 (Pty) Ltd and Others

Changing Tides 74 (Pty) Ltd owned Tikwelo House, a hijacked and dilapidated building in Doornfontein, Johannesburg, unlawfully occupied by nearly 100 people living in hazardous conditions. The owner sought eviction under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The City of Johannesburg was joined because eviction would potentially render occupiers homeless. The High Court granted eviction and ordered the sheriff to compile personal information on occupiers and directed the City to provide temporary emergency accommodation. The City appealed against the orders compelling it to provide accommodation and to pay the sheriff’s costs.

The appeal was upheld in part. The High Court orders directing the sheriff to compile a matrix and compelling the City to provide accommodation on that basis were declared ineffective and set aside. The eviction application was remitted to the High Court to determine a just and equitable eviction date and appropriate conditions, with detailed directions for the exchange of information and reports. Each party was ordered to pay its own costs of appeal.

The case clarifies the structured inquiry required under PIE in private eviction proceedings, distinguishes between the decision to evict and the conditions of eviction, and limits courts’ ability to impose obligations on municipalities without adequate factual foundations. It affirms that constitutional housing obligations exist independently of eviction orders but must be operationalised through procedurally fair and lawful means.