High Court Cases

Jaftha v Schoeman and others; Van Rooyen v Stoltz and others [2003] 3 All SA 690 (C)

Right of access to adequate housing – Section 26 of the Constitution of the Republic of South Africa – Whether section includes a right of ownership of immovable property and whether Section 66(1)(a) of the Magistrates Courts Act, 32 of 1994 which authorises sale of such immovable property in execution, including State aided housing is unconstitutional.

Despatch Municipality v Sunridge Estate and Development Corporation (Pty) Ltd 1997 (8) BCLR 1023 (SE)

Housing-Land invasions- question as to what respective duties landowners and municipalities incur in the context of the eviction of unlawful occupiers from privately owned land. Right not be evicted without an order of court in terms of S 26(3) of the Constitution of South Africa- Constitutionality of section 3B of the Prevention Of Illegal Squatting Act 52 of 1951 which entitles landowners to demolish structures erected on their land without an order of court where the said structures were erected in the absence of prior consent.

Uitenhage Local Transitional Council v Zenza and Others 1997 (8) BCLR 1115 (SE)

Administrative law- Public authorities seeking the eviction of unlawful occupiers from their land have the same rights as ordinary citizens who are landowners. -Right of access to housing- Section 26(3) of the Constitution, right not to be evicted without an order of court after considering all the relevant circumstances.

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