VAN DER WESTHUIZEN J
City‘s policy unconstitutional. It orders the City to provide ―temporary emergency
accommodation‖ to the Occupiers. The order does not link the date of eviction to a
specified date on which the City has to provide the accommodation. Thus, from the
date of eviction until the date on which the City provides emergency housing, the
Occupiers may find themselves homeless. This may be a long time.
[100] The relief sought in the Occupiers‘ cross-appeal must therefore be considered in
order not to render them homeless. The date of eviction must be linked to a date on
which the City has to provide accommodation.
Requiring the City to provide
accommodation 14 days before the date of eviction will allow the Occupiers some
time and space to be assured that the order to provide them with accommodation was
complied with and to make suitable arrangements for their relocation. Although Blue
Moonlight cannot be expected to be burdened with providing accommodation to the
Occupiers indefinitely, a degree of patience should be reasonably expected of it and
the City must be given a reasonable time to comply. The date should not follow too
soon after the date of the judgment.92
[101] The City‘s appeal has to be dismissed. The Occupiers‘ cross-appeal must
succeed to the extent that eviction must be ordered, but the City must provide the
5.
The second respondent is ordered to pay the applicant‘s costs and the costs
of the first respondent, including the costs of two counsel.‘‖
92
It seems that the distinction apparently drawn by the City between temporary accommodation and emergency
accommodation in its policy is erroneous. The City also refers to temporary accommodation as ―temporary
accommodation as decant‖. For a discussion on the difference between temporary accommodation and
emergency accommodation under the City‘s policy, see [28] and [78]-[82] above. Chapter 12 provides for
temporary accommodation as a part of its emergency provisions. The ―temporary emergency accommodation as
decant‖, ordered by the Supreme Court of Appeal, can be provided, as it is a type of temporary accommodation
in emergency circumstances that falls within the scheme of Chapter 12. The Supreme Court of Appeal was
justified in ordering it, although the term ―as decant‖ does not necessarily add clarity.
47
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