oa ESR Review : Economic and Social Rights in South Africa - The courts and socio-economic rights : carving out a role

Volume 3 Number 1
  • ISSN : 1684-260X



Extracted from text ... 6 ESR Review ? Vol 3 No 1 will be considered relevant in eviction proceedings, and who bears the onus of proving that these circumstances exist ? the owner of the property or the person being evicted. A full bench of the Cape High Court held in Ellis v Viljoen 2001 (4) SA 795 that section 26(3) does not place a duty on the owner of property to allege and prove the existence of these ?relevant circumstances?. The Ellis decision suggests that ?relevant circumstances? will be interpreted in the light of common law principles governing eviction proceedings. There is, how- ..

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