‘Willing’evictions can still be illegal

In an unprecedented judgment, the Constitutional Court has said that judges may no longer lawfully order the eviction of people if it will leave them homeless — even if they have agreed to be evicted.

Last week’s ruling came after the court heard that 184 people, who had occupied a building in Berea in Johannesburg, had agreed to be evicted without properly knowing their rights, such as the right to temporary accommodation.

The court found that the residents’ consent to be evicted was not informed and therefore not valid.

The onus to provide temporary alternative accommodation is on local government, even in cases where a property is privately owned. This has been established in previous Constitutional Court judgments that have found that local government has a constitutional obligation to ensure people are not homeless as a result of eviction.

With this latest judgment, judges must be satisfied that the municipalities will provide temporary alternative accommodation before they grant eviction orders.