n Without Prejudice - Stopping the bulldozer : constitutional law
|Article Title||Stopping the bulldozer : constitutional law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||May 2013|
S26(3) of the Constitution prohibits both the eviction of occupiers from their homes and the demolition of the homes. Neither a municipality nor any property owner may, in the absence of a court order, drastically interfere with the occupation of a home in a way that amounts to an eviction or demolition. This was the message sent by the Constitutional Court to municipalities, other organs of state and property owners in Motswagae v Rustenburg Local Municipality CCT42/12  ZACC1.
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