Blue Moonlight Properties 039 (Pty) Ltd v Occupiers of Saratoga Avenue and Another,[1] an important case in South African property law, was heard in the Witwatersrand Local Division by Judge Thokozile Masipa[2] on 30 May 2008, with judgment handed down on 12 September.
The applicant brought eviction proceedings against the first respondents (the occupiers) in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE)[3][4] The occupiers made a counter-application for an order compelling the second respondent (the city) to provide a report within two months, stating what steps it would take to provide them with temporary emergency accommodation upon their eviction from the property, and what steps it would take to ensure access to adequate housing thereafter.
The City duly filed a report detailing its programmes and plans in regard to accommodation and land in general.
The court required specific information in order to deal with the case before it; a generic answer was unacceptable.
[8] Accordingly, the court ordered the city to report within four weeks on the steps it had taken and could in future take to provide emergency shelter or other housing for the occupiers in the event of eviction.