Occupiers of Erven 87 & 88 Berea v De Wet and Another ('Kiribilly') is being heard today in the Constitutional Court. This is an appeal against the High Court’s refusal to rescind an eviction order, purportedly made by consent on 10 September 2013. The rescission application was dismissed in November 2015.
The 184 residents of the Kiribilly block of flats in Berea, Johannesburg, will argue that they did not consent to their eviction, and, even if they did, the right to an inquiry into whether an eviction would be just and equitable in terms of the PIE Act and under section 26 (3) of the Constitution, is not a right that is capable of waiver. That inquiry should have been conducted, and the local authority should have been joined to the proceedings and put on terms to provide alternative accommodation, whether or not actual consent can be established.