Residents of Joe Slovo Community, Western Cape v Thubelisha Homes and Others (Centre on Housing Rights and Evictions and Another, Amici Curiae)[1] is an important case in South African property law, heard by the Constitutional Court[2] on August 21, 2008, with judgment handed down on June 10.
After a devastating fire in 2000,[5] and after some "pressure, negotiations or demands,"[6] the City had, in terms of its constitutional and legislative obligations, made further provision for "substantial services of a permanent nature,"[7] including tap water, toilets, refuse removal, the lay-out of streets, drainage, connection to the electricity grid and house numbers.
Under the state's Breaking New Ground (BNG) policy, aimed at the elimination of informal settlements in South Africa, Joe Slovo was targeted for upgrade and redevelopment, "no doubt because of the deplorable and inhuman conditions under which the people live.
[13] At some point during their subsequent occupation, each of the residents was a dealt a "red card" by the City, indicating that the holder had applied for housing with the municipality.
It had always been intended that informal settlements in general would be upgraded or moved or redeveloped, in conformity with the state's constitutional imperative to provide access to adequate housing on a progressive basis.
Clearly it was appreciated that the residents were a reality and would have to be accepted and provided for in a humane manner for a considerable period of time, until access to adequate housing could be realised.
[27] The court found, however, that the invocation of PIE procedures on the public breakdown of the process between the residents and the State served in itself as a final statement that the occupation of the Joe Slovo settlement had been rendered unlawful.