On 30 October, SERI launched two new resources examining the legal framework governing anti-land invasion units, evictions, and the right to housing. The two resources are composed of:
- A comprehensive factsheet outlining the background to the case, the arguments advanced by the parties, the decisions of the courts and the implications for property owners and municipalities
- A shorter, practical resource highlighting the key legal principles and implications of the judgments.
The factsheet and brief aim to assist legal practitioners, municipalities, and property owners to understand the complex terrain of the case law concerning the right of access to adequate housing, the use of the common law remedy of counter-spoliation, and the conduct of Anti-Land Invasion Units (ALIUs), by examining the recent case of South African Human Rights Commission and Others v City of Cape Town and Others.
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In this case, the Socio-Economic Rights Institute (SERI) represented Abahlali baseMjondolo (Abahlali), a social movement representing shackdwellers which advocates for land, housing and dignity for South Africa’s poor, who joined the proceedings as Amicus Curiae because of their extensive experience with illegal actions performed by the ALIU in eThekwini.
In this case, the courts clarified that while counter-spoliation remains a recognised common-law remedy, its application is limited. Municipalities and property owners cannot rely on it to circumvent the legal protections afforded to occupiers. Once an occupier has established possession of land, a court order is required before they can be removed. Where the property has been occupied as a home, eviction proceedings must comply with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act).
>> Download the factsheet here.
>> Download the brief here.