VAN DER WESTHUIZEN J
(b)
The appeal is dismissed.
(c)
The application for leave to cross-appeal is granted.
(d)
The cross-appeal is upheld to the extent set out below.
(e)
Paragraphs 5.1 to 5.4 of the order of the Supreme Court of Appeal are
set aside and replaced with the following:
(i)
The first respondent in the South Gauteng High Court,
Johannesburg
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).
(ii)
The Occupiers are ordered to vacate the property by no later than
15 April 2012, failing which the eviction order may be carried
out.
(iii)
The housing policy of the second respondent in the South
Gauteng High Court, Johannesburg, the City of Johannesburg
Metropolitan Municipality, is declared unconstitutional to the
extent that it excludes the Occupiers and other persons evicted by
private property owners from consideration for temporary
accommodation in emergency situations.
(iv)
The City of Johannesburg Metropolitan Municipality must
provide those Occupiers whose names appear in the document
entitled
―Survey of
49
Occupiers
of
7
Saratoga
Avenue,
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