OCCUPIER’S CONSENT TO EVICTION NOT THE END OF THE ENQUIRY
Occupiers of Erven 87 and 88 Berea v De Wet N.O. and Another (CCT108/16)  ZACC 18 (8 June 2017)
The Constitutional Court held in this matter that even where there was a purported consent by an illegal occupier to eviction, this did not absolve the Court from its duty to consider all the relevant circumstances and satisfying itself that it is just and equitable to grant the eviction order. It was required of a Court, as a first step, to be satisfied that the parties freely, voluntarily and in full knowledge of their rights agreed to the eviction. In addition, courts had to be alive to the risk of homelessness and the issue of joining the local authority to discharge any duties to provide alternative housing it may have.
STBB’S STSMA REFERENCE GUIDE
In this, the thirty-first set of notes for your STSMA Reference Guide, Prescribed Management Rule 10 is discussed.
Prescribed Management Rule 10
(N.B. Print in landscape)