VAN DER WESTHUIZEN J Occupiers would be just and equitable under the circumstances, if linked to the provision of temporary accommodation by the City. Just and equitable remedy [98] It must be emphasised that this case concerns temporary relief in an emergency as defined in Chapter 12 and not permanent housing. [99] A remedy must be formulated. The order of the Supreme Court of Appeal requires the Occupiers to vacate the premises on a specific date.91 It also declares the 91 The Supreme Court of Appeal ordered: ―1. The application by the appellant to have new evidence admitted on appeal succeeds and the appellant is to pay the costs of the application on the unopposed scale. 2. Save as is reflected in the substituted order set out hereunder, the appeal is dismissed and the appellant is ordered to pay the second respondents‘ costs, including the costs of two counsel. 3. No order is made in respect of the cross-appeal by the second respondent. 4. In respect of the abandoned cross-appeal by the first respondent, no costs order is made in relation thereto. 5. The order of the court below is set aside and substituted as follows: ‗1. The first respondent 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‘); 2. The first respondent and all persons occupying through them are ordered to vacate by no later than 1 June 2011, failing which the Sheriff of the Court is authorised to carry out the eviction order; 3. The second respondent‘s housing policy to the effect that it only provides temporary emergency accommodation to those evicted from unsafe buildings by the City itself or at its instance, in terms of the National Building Regulations and Building Standards Act 103 of 1977, is declared unconstitutional to the extent that it excludes the occupiers from consideration for such accommodation; 4. The second respondent shall provide those occupiers whose names appear in the document entitled ‗Survey of Occupiers of 7 Saratoga Avenue, Johannesburg��� filed on 30 April 2008, and those occupying through them, with temporary emergency accommodation as decant in a location as near as feasibly possible to the area where the property is situated, provided that they are still resident at the property and have not voluntarily vacated it; 46