VAN DER WESTHUIZEN J
rights of the owner of the property, Blue Moonlight Properties 39 (Pty) Ltd (Blue
Moonlight) and with the obligation of the City of Johannesburg Metropolitan
Municipality (City) to provide housing for the Occupiers if they are evicted.
Ultimately we must decide whether the eviction of the Occupiers is just and equitable.
[2]
Seventeen years into our democracy, a dignified existence for all in South
Africa has not yet been achieved. The quest for a roof over one‘s head often lies at
the heart of our constitutional, legal, political and economic discourse on how to bring
about social justice within a stable constitutional democracy. In view of prevailing
socio-economic conditions, this is understandable. An estimated 423 249 households
in Johannesburg alone are, for example, without adequate housing.1 Approximately
1,8 million households in the country were living in informal housing by 2001.2 The
present number may be higher.
[3]
The practical questions to be answered in this case are whether the Occupiers
must be evicted to allow the owner to fully exercise its rights regarding its property
and, if so, whether their eviction must be linked to an order that the City provide them
with accommodation. The City‘s position is that it is neither obliged nor able to
provide accommodation in these circumstances. The owner wishes to exercise its
right to develop its property and wants no part in the dispute about the City‘s
responsibilities or the plight of the Occupiers. And the Occupiers do not want to end
1
A household consists of approximately three people. See the City‘s Housing Report (referred to at [5] and [13]
below) at para 6.
2
Statistics South Africa (Stats SA) Census 2001: Primary tables South Africa Report No 03-02-04 (2001) at 78.
2