QUESTION 2

A group of occupiers took occupation of vacant state-owned urban land located alongside the N1 highway to Cape Town unlawfully. The group consists of 25 young men who moved from their rural villages in the Eastern Cape in search for work to support their families whom they left behind. Since they have no relatives in Cape Town and had no jobs when they arrived, they were forced to occupy the vacant strip of land. In light of the fact that the land is located alongside a very busy highway, which poses various threats to the community and travellers alike and because the occupier's occupied the land unlawfully, the City of Cape Town's official Mr February approached the occupiers to address the problem. He had several meetings with the 25 occupiers to get them to vacate the land explaining that if the occupiers do not cooperate the city will be forced to institute eviction proceedings against them. During these meetings, Mr February indicated the city's willingness to provide temporary accommodation to the occupiers to allow them time to arrange alternative permanent accommodation for themselves. However, because they wanted to remain together as a group and close 4 to the jobs that they have been able to secure, the group of men would only cooperate if the city provided them with permanent accommodation in the same vicinity,. But due to the city's shortage of housing and the limited resources at its disposal, the city was unable to agree to the specific demands of the occupiers. As a result, the city decided to institute eviction proceedings against the occupiers. The notice of eviction proceedings was directed by an order of the Cape Town High Court in accordance with the rules of the court and it was served on the occupiers on 10 July 2020. The written notice of eviction proceedings were directed to the 25 occupiers and stated the following in English: You are hereby informed that the City of Cape Town has instituted eviction proceedings against you in the Cape Town High Court in terms of section 6 of the Prevention of Illegal Eviction form and Unlawful Occupation of Land Act 19 of 1998. The eviction application is sought due to your occupancy being unlawful. In addition, your occupancy of the land poses a safety hazard to yourselves and to the public at large due to the location of the land being situated next to a busy highway. The date for the hearing of the matter is set for 12 August 2020. You have a right to attend the hearing and defend your case. You also have a right to apply for legal aid. Mr Elias Mogwane, the leader of the community of occupiers however told Mr February that the city will not be successful with the eviction because its notice was not in a language that the occupants understood, and because the eviction would render the occupants homeless. When Mr February approached the occupiers for the first time, they were already resident in the camp for a period between 6-8 months and the majority of the occupiers had secured jobs. Mr February approaches you for legal advice regarding the eviction proceedings. He is worried that Mr Elias Mogwane's remarks pertaining to the notice of eviction and the possibility of some occupiers being rendered homeless may result in the eviction application not succeeding.

a. Advise Mr February on whether the city's eviction application complies with the notice requirements of Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998. (5)

b. Advise Mr February on whether the court may deny the eviction application based on the allegation that some occupiers will become homeless if the eviction order is granted.