Occupiers of Portion R25 of the Farm Mooiplaats 355 JR v Golden Thread Limited and Others

Approximately 170 families unlawfully occupied Portion R25 of the Farm Mooiplaats 355 JR, land owned by Golden Thread Limited, within the City of Tshwane. The occupiers had moved onto the land in December 2009 after overcrowding and evictions from the nearby Itireleng informal settlement, and began rebuilding shelters in January 2010 after earlier demolitions. Golden Thread instituted eviction proceedings in January 2010. The North Gauteng High Court granted an eviction order under section 4(6) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act), finding the eviction just and equitable. The occupiers sought leave to appeal to the Constitutional Court, contending that the High Court failed properly to consider all relevant circumstances, particularly the role and obligations of the City of Tshwane regarding emergency housing and mediation.

Leave to appeal was granted and the appeal upheld with costs. The eviction order of the North Gauteng High Court was set aside. The matter was remitted to the High Court, with directions that the City of Tshwane file a detailed report on the occupiers’ housing situation, emergency accommodation options, and the consequences of eviction, after which the parties could respond.

This case reinforces that even under section 4(6) of the PIE Act, courts must conduct a substantive and context-sensitive justice and equity enquiry, particularly where eviction risks large-scale homelessness. It underscores the proactive constitutional duties of municipalities to plan and provide emergency housing, and limits an overly property-centred approach to eviction. The judgment complements and develops principles affirmed in Blue Moonlight, strengthening protections against procedurally and substantively unfair evictions.