An appeal to the Constitutional Court against an order from the North West High Court, Mahikeng. The High Court had denied an application for an interdict (prohibitory order) from occupiers to prohibit unlawful interference with the applicants’ peaceful possession of their homes.
The Constitutional Court set aside the order of the North West High Court, Mahikeng, granted the resident’s interdict, and ordered the municipality to pay the applicant’s costs.
This case is significant because it clarifies and extends the interpretation of § 26(3) of the Constitution. As we have seen, the Court held that this provision requires proper due process not just in the case of physical expulsion from one’s home but also when there is interference with a resident’s right to the peaceful, undisturbed possession of her home.
(Uploaded July 2015)
Legal Resources Centre, Lawyers for Human Rights