VAN DER WESTHUIZEN J (b) The appeal is dismissed. (c) The application for leave to cross-appeal is granted. (d) The cross-appeal is upheld to the extent set out below. (e) Paragraphs 5.1 to 5.4 of the order of the Supreme Court of Appeal are set aside and replaced with the following: (i) The first respondent in the South Gauteng High Court, Johannesburg and all persons occupying through them (collectively, the Occupiers) are evicted from the immovable property situate at Saratoga Avenue, Johannesburg, and described as Portion 1 of Erf 1308, Berea Township, Registration Division IR, Gauteng (the property). (ii) The Occupiers are ordered to vacate the property by no later than 15 April 2012, failing which the eviction order may be carried out. (iii) The housing policy of the second respondent in the South Gauteng High Court, Johannesburg, the City of Johannesburg Metropolitan Municipality, is declared unconstitutional to the extent that it excludes the Occupiers and other persons evicted by private property owners from consideration for temporary accommodation in emergency situations. (iv) The City of Johannesburg Metropolitan Municipality must provide those Occupiers whose names appear in the document entitled ―Survey of 49 Occupiers of 7 Saratoga Avenue,