Rustenburg Local Municipality v Vincent Mdango and Others

In November 2007 the first to twentieth respondents unlawfully occupied RDP houses owned by the Rustenburg Local Municipality at Seraleng Township. The houses were intended for allocation to approved beneficiaries under the municipality’s housing programme. The respondents contended that they had previously lived in informal settlements, had been moved by municipal officials with promises of future RDP housing, and that their shacks were later demolished, leaving them homeless. After discovering that RDP houses were allocated to others, they occupied the vacant houses in desperation. In 2011 the municipality applied to the North West High Court for eviction under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The MEC for Human Settlement and the Minister of Rural Development and Land Reform were cited but did not meaningfully participate, resulting in little information before the court regarding alternative accommodation or the respondents’ personal circumstances.

The appeal and cross-appeal were upheld in part; the High Court’s eviction order was set aside; the matter was remitted to the High Court for reconsideration; the MEC and Minister were ordered to file affidavits on alternative accommodation; the occupiers were ordered to file affidavits on their personal circumstances; and the municipality was interdicted from evicting the occupiers pending finalisation.

The case reinforces the requirement that courts must not grant eviction orders under PIE without sufficient information to conduct a proper just-and-equitable enquiry. It underscores the obligations of organs of state, including provincial and national housing authorities, to meaningfully participate in eviction proceedings and provide information on alternative accommodation, thereby strengthening procedural protections against arbitrary evictions.