VAN DER WESTHUIZEN J
and its claim that it lacks resources. The City‘s housing policy is unconstitutional to
the extent that it excludes the Occupiers and others similarly evicted from
consideration for temporary accommodation. The exclusion is unreasonable.
Summary
[96] The findings are briefly summarised. To the extent that it is the owner of the
property and the occupation is unlawful, Blue Moonlight is entitled to an eviction
order. All relevant circumstances must be taken into account though to determine
whether, under which conditions and by which date, eviction would be just and
equitable. The availability of alternative housing for the Occupiers is one of the
circumstances. The eviction would create an emergency situation in terms of Chapter
12. The City‘s interpretation of Chapter 12 as neither permitting nor obliging them to
take measures to provide emergency accommodation, after having been refused
financial assistance by the province, is incorrect. The City is obliged to provide
temporary accommodation. The finding of the Supreme Court of Appeal that the City
had not persuaded the Court that it lacks resources to do so has not been shown to be
incorrect and must stand.
[97] The City‘s housing policy is unconstitutional in that it excludes people evicted
by a private landowner from its temporary housing programme, as opposed to those
relocated by the City. Blue Moonlight cannot be expected indefinitely to provide free
housing to the Occupiers, but its rights as property owner must be interpreted within
the context of the requirement that eviction must be just and equitable. Eviction of the
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