Housing (Right to adequate)

This case concerns the conflict between the constitutional right to adequate housing and an owner’s right to develop private property.  Eighty-six poor individuals were unlawfully occupying private unused industrial facilities as living quarters.  The owner of the property (Blue Moonlight) sued to evict the occupiers in order to develop the property, which would almost certainly render them homeless.  The occupiers argued that the city had an obligation to provide them with temporary housing under the South African Constitution and the Prevention of Illegal Eviction from, and Unlawful Occup

The dispute in this case consists of two elements and arose when the first respondent purportedly purchased a property, Angus Mansions, in Johannesburg. In the initial action, the first respondent sought the eviction of approximately 300 people who were residing on the property (the applicants). The opposing action called into question the validity of the sale agreement and, consequently, the eviction order.