LHR in Constitutional Court tomorrow to argue that our clients must be afforded suitable alternative accommodation

On 23 March 2017 at 10h00 the Constitutional Court will hear an application for leave to appeal against the judgment and order of the Land Claims Court (LCC) in a matter concerning whether it is just and equitable to evict applicants from private land in terms of the Extension of Security of Tenure Act (ESTA), notwithstanding the non-availability of alternative accommodation by the responsible municipality.


In this Court the applicants submit that the farm is the only home they have ever known and evicting them is unjust.  They argue that there was no meaningful engagement and that they will suffer greater hardships than the respondent if they are evicted.  They aver that homelessness is generally regarded as being inconsistent with the Constitution, but when this fate befalls children, it is even more so.  The applicants furthermore challenge the application and availability of subsidies for the development of on-site and off-site housing in terms of section 4 of ESTA.


Download the Constitutional Court media summary here: