Residents of Joe Slovo Community, Western Cape v Thubelisha Homes and Others

The applicants represented approximately 20 000 residents of the Joe Slovo informal settlement in Cape Town. In 2009, the Constitutional Court granted a supervised eviction order under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE), allowing eviction subject to strict conditions, including meaningful engagement, relocation to temporary residential units (TRUs) meeting detailed standards, and a timetable. Over time, the government failed to implement the order as envisaged, raised concerns about feasibility and cost, and shifted policy towards in situ upgrading of the settlement rather than large-scale relocation. The eviction order was suspended, and the applicants sought its discharge on the basis that circumstances had materially changed and that eviction was no longer necessary or justifiable.

The supervised eviction (ejectment) order granted on 10 June 2009 was discharged.

The case affirms the Constitutional Court’s power to rescind or discharge its own supervisory and just-and-equitable orders when circumstances materially change. It is significant for eviction jurisprudence, reinforcing that eviction orders under PIE must remain constitutionally justified throughout their lifespan and cannot persist where their factual foundation no longer exists.