This case came before the High Court of South Africa challenging an eviction order that cast a mentally disabled woman and her children from their family home without considering relevant factors under eviction law that would have protected the rights and needs of the woman and children.
The High Court set aside the eviction order and found that it had violated the woman’s rights under§ 26 of the South African Constitution, which guarantees due process in housing cases. The former husband was ordered to pay her attorneys’ fees.
The case is a significant case in eviction law for its strong affirmation of the importance of considering all relevant circumstances when making an eviction order, especially those related to children, the disabled, woman-headed households, and the presence of alternative available accommodation. The Court also stated forcefully that courts have an affirmative duty to inquire about those circumstances, and cannot just accept the facts as stated by the party seeking the order.