VAN DER WESTHUIZEN J
[11] On 25 May 2006 Blue Moonlight commenced eviction proceedings in the High
Court under the Prevention of Illegal Eviction from and Unlawful Occupation of Land
Act10 (PIE). The Occupiers opposed the eviction on the basis that they would be
rendered homeless. They applied to join the City to the proceedings by reason of its
constitutional and statutory duties in relation to housing. The City did not oppose and
was joined by an order of the High Court dated 23 October 2007.
[12] On 4 February 2010 the High Court ordered eviction by 31 March 2010. The
City was ordered to pay Blue Moonlight an amount equivalent to fair and reasonable
monthly rental from 1 July 2009 until the eviction date. The Court found the City‘s
housing policy unconstitutional to the extent that it discriminates against people in
desperate need of housing who are subject to eviction from land by private
landowners. The City was ordered to remedy this defect and to report under oath to
the Court by 12 March 2010 the steps taken to do so. The City was further ordered to
provide the Occupiers with temporary accommodation, or to pay R850 per month to
each Occupier or household head until the outcome of the structural interdict was
finally determined.
[13] Before the Supreme Court of Appeal the City successfully applied for the
admission of new evidence in the form of the updated Housing Report, because of the
time lapsed since the High Court proceedings. On 30 March 2011 the Supreme Court
10
19 of 1998.
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