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7 November 2022 – This judgment was handed down electronically by circulation to the parties' representatives via email, by being uploaded to CaseLines and by release to SAFLII. The date and time for hand-down is deemed to be 11H00 on 7 November 2022.
Summary: Land - Unlawful occupation - Eviction from - Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) - Application for eviction by organ of State - Availability of land for relocation of unlawful occupiers - Availability of alternative accommodation being relevant circumstances to be taken into account in determining whether just and equitable to grant order of eviction.
Held, that under s 6 of PIE the Court exercised a discretion to grant an eviction order if it were just and equitable to do so after taking into account 'all relevant circumstances'.
Held, further, that it was in the instant case just and equitable to order the eviction of the occupiers in the interest of the general public and the development of a housing project.
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