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Applied the principle that reasonable engagement is required in evictions under the PIE Act and section 26(2) of the Constitution.
Used to support that interpretation of legislation gives rise to a constitutional matter within this Court's jurisdiction.
The court applies the principles from this case regarding the meaning of 'just and equitable' in s 4(7) of PIE Act, requiring an enquiry beyond technical land…
Applied for the principle that section 26(3) of the Constitution evinces special constitutional regard for a person's place of abode as a zone of personal…
Cited by the applicants in support of their position that the court should recognise and protect occupiers' rights from arbitrary eviction even from the owner…
The court cites this case in a footnote for the definition or understanding of 'home' in the constitutional context.
Cited for the principle that eviction must be just and equitable, balance competing interests and not result in homelessness; applied the concept of ubuntu.
Applied in determining that the court must have regard to all relevant factors and confirmed that alternative accommodation is a crucial factor in assessing…
CITES – relied upon for the principle that courts should be reluctant to grant eviction against settled occupiers without a reasonable alternative.
Cited for the principle that ubuntu is intrinsic to and constitutive of constitutional culture and suffuses the whole constitutional order.
Applied for the principles that availability of suitable alternative accommodation is something to which regard must be had, not an inflexible requirement, and…
Cited for the principle that land reform must occur within the bounds of the Constitution.
Cited for the principle that a court should be reluctant to grant an eviction against relatively settled occupiers unless satisfied that a reasonable…
Cited for discussion of ubuntu as a constitutional value.
Cited for the observation that the Constitution imposes new obligations on courts concerning rights relating to property and counterposes the normal rights of…
Cited for the principle that in social legislation courts need to infuse elements of grace and compassion and balance competing interests in a principled way…
Cited for the principle that the exercise of ownership rights must take into account the social function of property and obligations to the community.
Applied to explain the role of courts when confronted with competing rights, namely to balance and reconcile opposed claims taking into account all the…
Cited for the principle that PIE was enacted to ensure evictions take place in a manner consistent with the values of the new constitutional dispensation and…
Cited for the recognition of participation and engagement related to protection from arbitrary eviction.
Cited as an example of this Court fashioning structural interdicts or supervisory orders.
Applied extensively for Sachs J's guidance on the meaning of 'just and equitable' in PIE, the court's duty to engage in active judicial management, and the…
Cited for the proposition that PIE and this Court's jurisprudence must be considered when determining the correctness or otherwise of an eviction order.
Cited for its discussion of apartheid legislation dealing with the occupation of land.
The Court applies PE Municipality on the judicial function in eviction matters to balance opposed claims justly, endorses court-ordered mediation, and notes…
The Court applies Port Elizabeth Municipality's approach to eviction proceedings, including the requirement for meaningful engagement, consideration of all…
The court applies the principle that section 26(3) of the Constitution evinces special constitutional regard for a person's place of abode, acknowledging that…
Cited for the proposition that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) was adopted to ensure that evictions take…
Applied the principle of balancing competing interests in a principled way to promote the constitutional vision of a caring society based on good…
Applied to explain that a home is a zone of personal intimacy and family security, and that courts should hesitate to grant evictions where homelessness would…
Cited for the principle that courts are called upon to engage in active judicial management according to equitable principles of ongoing social processes, with…
Cited for context of uneven development in South Africa
Cited regarding the eviction rights of municipalities under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.
Court applies the principle that in land-related disputes, the court is called upon to go beyond its normal functions and engage in active judicial management,…
The court applies Sachs J's interpretation of the phrase 'just and equitable' under PIE, holding that these principles are equally applicable to ESTA matters…
The Court applies the principle from Port Elizabeth Municipality on the need for respectful face-to-face engagement or mediation as a dignified and effective…
Constitutional Court authority applied for the principles on how courts should determine a 'just and equitable' eviction, requiring the court to consider…
Cited for the principle that the judicial function in eviction matters is to balance out and reconcile opposed claims in a just manner, taking account of all…
Applied for the interpretation of 'just and equitable' as requiring courts to go beyond normal functions and engage in active judicial management according to…
The court adopts Sachs J's reasoning in PE Municipality that 'just and equitable' requires close analysis of factual specifics, going beyond technical land law…
Cited for the constitutional value of ubuntu combining individual rights with a communitarian philosophy.
Cited for the principle that an attempt at mediation is ordinarily a precondition for a just and equitable eviction.
Cited for the principle that courts are called upon to engage in active judicial management according to equitable principles in certain constitutional…
Cited alongside Hattingh to describe the judicial function in balancing and reconciling opposed claims in eviction cases, taking account of all interests…
Court applies PE Municipality's principles on meaningful engagement between parties, dignified treatment of occupiers, and the need to avoid stereotyping…
The Court cites PE Municipality to illustrate the history of dispossession and the need for our conception of property under the Constitution to include…
First respondent relied on this case to argue that the illegally erected structures cannot be defined as homes, but the court found that the applicants…
Cited for the history of evictions under apartheid and the enactment of the PIE Act following constitutional democracy.
Cited for the proposition that s 7 of PIE is facilitative and that courts should order mediation in appropriate circumstances to ensure a just and equitable…
Applied to establish the court's obligation to consider all relevant circumstances and to be fully apprised of information before granting an eviction order;…
Cited for the spirit of ubuntu-botho as a unifying motif of the Bill of Rights emphasizing human interdependence, respect and concern.
The court applies the analysis of the phrase 'just and equitable' from this judgment, adopting Sachs J's reasoning that the criteria to be applied are not…
Court cites this case as an example of important public interest litigation concerning the rights of the homeless.