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

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