VAN DER WESTHUIZEN J
[27] The National Housing Code was enacted under section 4 of the Housing Act. It
contains the national housing policy and sets out the principles, guidelines and
standards that apply to the various programmes effected by the state in relation to
housing. Chapter 12 of the Code was introduced after the decision of this Court in
Grootboom.23 It is entitled ―Housing assistance in emergency housing circumstances‖
and provides for assistance to people who find themselves in a housing emergency for
reasons beyond their control.24
[28] Chapter 12 is incorporated into the City‘s housing policy set out in the Housing
Report filed in the Supreme Court of Appeal. The Housing Report sets out the City‘s
overall goals and describes four housing programmes: permanent accommodation;
housing under the Reconstruction and Development Programme; temporary
accommodation (which is also referred to by the City as ―temporary accommodation
as decant‖); and emergency accommodation.
The emergency accommodation
programme is intended to provide for crises as envisioned by Chapter 12.25
[29] Evictions from land are dealt with under PIE. Section 4, concerning eviction of
unlawful occupiers by an owner or a person in charge of land, provides that courts
may only grant an order for eviction if it is just and equitable to do so, after
considering all the relevant circumstances. Where an unlawful occupier has occupied
the land for more than six months, those circumstances include the availability of
23
See Chapter 12 at section 12.1 and Grootboom above n 12.
24
See below n 50 for the definition of emergency housing circumstances.
25
Housing Report at para 28.
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