If it has been less than six months, an eviction order will be made only if it is "just and equitable" to do so, "after considering all the relevant circumstances, including the rights and needs of the elderly, children, disabled persons and households headed by women.
"[13] If it has been more than six months, the eviction order must still be just and equitable, but the circumstances to consider are compounded by the question of "whether land has been [...] or can reasonably be made available [...] for the relocation of the unlawful occupier."
They resisted, claiming protection under PIE and alleging that they were entitled to continue their occupation until the City of Johannesburg Metropolitan Municipality provided alternative accommodation.
The issue, then, was whether private landowners are obliged to provide alternative accommodation to unlawful occupiers in terms of PIE,[26] or whether the burden should fall on the city.
The court ordered compensatory relief to Blue Moonlight Properties and found that the city was in breach of its constitutional duty to provide adequate housing on a progressive basis.