VAN DER WESTHUIZEN J of Appeal set aside the High Court‘s structural interdict. The compensation order awarded in favour of Blue Moonlight was also set aside.11 The Supreme Court of Appeal upheld the eviction order and ordered the Occupiers to vacate the premises by 1 June 2011. It declared the City‘s housing policy unconstitutional to the extent that it excluded the Occupiers from consideration for temporary housing. It also required the City to provide the Occupiers with ―temporary emergency accommodation‖. [14] In this Court the City applies for leave to appeal against those parts of the Supreme Court of Appeal‘s order that declared its housing policy unconstitutional and ordered it to provide accommodation to the Occupiers. The Occupiers oppose the City‘s application for leave to appeal. They also apply for conditional leave to crossappeal, seeking that any order of eviction be linked to the provision of suitable alternative accommodation by the City and that a structural interdict be granted against the City to ensure that it takes appropriate steps to remedy its housing policy. Blue Moonlight filed a notice to abide, but made submissions to this Court relating to its rights in relation to the property. Leave to appeal [15] The applications for leave to appeal and to cross-appeal raise constitutional issues relating to the interpretation of PIE, the constitutionality of the City‘s policy 11 Above n 3 at paras 69-71. The Supreme Court of Appeal found this case to be factually distinguishable from Modderfontein Squatters, Greater Benoni City Council v Modderklip Boerdery (Pty) Ltd (Agri SA and Legal Resources Centre, amici curiae); President of the Republic of South Africa and Others v Modderklip Boerdery (Pty) Ltd (Agri SA and Legal Resources Centre, amici curiae) 2004 (6) SA 40 (SCA) (Modderfontein), where the eviction order had been already granted but ignored by the unlawful occupiers, the state had failed to assist the landowner to execute the eviction order, and the private landowner was the innocent victim of a land invasion rather than the purchaser of occupied land. 7