CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT 37/11
[2011] ZACC 33
In the matter between:
CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY
Applicant
and
BLUE MOONLIGHT PROPERTIES 39 (PTY) LTD
OCCUPIERS OF SARATOGA AVENUE
First Respondent
Second Respondent
and
LAWYERS FOR HUMAN RIGHTS
Heard on
:
Decided on :
Amicus Curiae
11 August 2011
1 December 2011
JUDGMENT
VAN DER WESTHUIZEN J (Moseneke DCJ, Cameron J, Froneman J, Jafta J,
Khampepe J, Mogoeng J, Nkabinde J, Skweyiya J and Yacoob J concurring):
Introduction
[1]
This matter concerns the fate of 86 people (Occupiers), who are poor and
unlawfully occupy a property called ―Saratoga Avenue‖ in Berea in the City of
Johannesburg (property). The property comprises old and dilapidated commercial
premises with office space, a factory building and garages. The case deals with the