What the law has to say about evictions

By Sandra Liebenberg – 

The law on evictions has changed since the landmark Grootboom judgment in the Constitutional Court in 2000. But the recent spate of evictions and demolitions of shelters in informal settlements in the Western Cape – Lwandle, Philippi East, and Khayelitsha – must make the right to housing ring hollow for those left homeless, writes Sandra Liebenberg.

On 4 October 2014, it will be 14 years since the Constitutional Court handed down its landmark judgment in the Grootboom housing case. The judgment explained some of the key duties imposed on the State by the right of access to adequate housing in section 26 of the Constitution.

This ruling has helped to transform evictions law in South Africa. But what do the Grootboom judgment and housing legislation mean in practice for people facing eviction or demolition of their homes?

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