The applicants were approximately 200 families who occupied municipal land in Extensions 21 and 25 Kinross and on the farm Zondagskraal 125 IS without the consent of the Govan Mbeki Municipality. Many had been on the municipal housing waiting list since 2002 and had previously lived as backyard tenants under insecure and allegedly exploitative conditions. In 2013 the Municipality obtained an interdict and evicted occupiers from Extension 21, after which they temporarily took refuge in public facilities. In 2014 the occupiers again settled on municipal land, prompting the Municipality to bring an urgent interdict and eviction application. The High Court upheld preliminary objections and set aside the rule nisi, but mero motu converted the matter into an ordinary eviction process under section 4 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act), issuing directives to the Municipality. The occupiers appealed to the Constitutional Court.
Leave to appeal was granted and the appeal succeeded with costs. The High Court order was set aside and replaced with an order requiring the Municipality and the applicants to engage meaningfully to reach a reasonable solution consistent with section 26 of the Constitution. The Municipality was directed to take proactive steps to facilitate engagement. Compliance with this order would be relevant in any future eviction proceedings. The applicant was ordered to pay the respondents’ costs.
The case reinforces the constitutional requirement of meaningful engagement between municipalities and unlawful occupiers before eviction proceedings. It clarifies the limits of a court’s power to mero motu convert applications under procedural rules and underscores the protective purpose of the PIE Act in giving effect to section 26 of the Constitution.