[DEBATE] : Court makes city evictions tougher, Chantelle Benjamin, B Day

[Dominic Tweedie]

Court makes evictions tough for cities


Chantelle Benjamin, Business Day, Johannesburg, 20 February 2008

The Constitutional Court ruled yesterday that the City of Johannesburg
could not evict thousands of tenants from the inner city unless
adequate alternative accommodation had been considered, a ruling that
makes it difficult for municipalities to evict tenants from derelict
buildings.

The ruling was welcomed yesterday by civil society groups, but could
present problems for larger municipalities, as they try to attract
business and spruce themselves up for the 2010 Soccer World Cup.

The case was brought by the Centre for Applied Legal Studies and
Webber Wentzel Bowens on behalf of 400 residents who were about to be
evicted after the city found that their buildings were a health and
safety risk.

The Constitutional Court said that before obtaining an eviction order
from a court, a municipality had to show that it had engaged
"meaningfully" with tenants, and considered whether tenants would be
rendered homeless if evicted, whether the city could help alleviate
those dire consequences, and whether the buildings could be made safe
for an interim period.

Judge Zak Yacoob criticised Johannesburg for failing to consult the
tenants before evicting them. He dismissed argument that the sheer
number of residents made it difficult to "meaningfully" engage with
them all, saying the city should have appointed workers to meet the
homeless when it adopted its City Regeneration strategy in 2003.

"Indeed, the larger the number of people potentially to be affected by
eviction, the greater the need for structured, consistent and careful
engagement. "

Yacoob acknowledged the city's efforts to consult the 400 tenants and
devise a housing plan after the Constitutional Court issued an interim
order to that effect.

The court found unconstitutional a section of the National Building
Regulations and Building Standards Act, which made it a crime to
remain in a building after being ordered to leave by the city. Such an
order had to be made by a court, the judges ruled.

From: http://www.businessday.co.za/articles/topstories.aspx?ID=BD4A710068

332 words

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