n Without Prejudice - Stopping the bulldozer : constitutional law

Volume 13, Issue 4
  • ISSN : 1681-178X



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 CCT42/12 [2013] ZACC1.

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