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Showing 1 to 4 of 4 for “"Prevention of Illegal Eviction"”.

  1. Unlawfully occupying the bridge to transformation: a case for judicial exploration when evictions are unjust and inequitable

    … has recently peaked due to the slow pace of the State's provision of housing, coupled with the private housing market's inability to cater for poor and vulnerable people in society. As unlawful occupation happens on an indiscriminate basis, privately owned land also falls prey to it. In …

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  2. The power of the court to grant alternative accommodation orders: an investigation into when an alternative accommodation order as a condition to the eviction of unlawful occupiers in terms of PIE would comply with the court's constitutional mandate

    In an eviction matter, the court is required to consider all relevant circumstances and grant an order that is just and equitable. An important relevant circumstance to be considered is whether the unlawful occupiers have alternative accommodation. Courts are reluctant to grant eviction orders that …

    cape-town Repository record for The power of the court to grant alternative accommodation orders: an investigation into when an alternative accommodation order as a condition to the eviction of unlawful occupiers in terms of PIE would comply with the court's constitutional mandate (opens in a new tab)

  3. The Use of Force in Mass Evictions

    This dissertation focuses on the use of force during evictions, particularly in the context of mass evictions (where mass evictions are defined as the eviction of a group of people from unlawfully occupied property). The South African approach to the use of force during evictions is evaluated …

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  4. The Constitutional Rebuilding of the South African Private Law: A Choice Between Judicial and Legislative Law-Making

    … remedies rather than developing private law of their own accord. The thesis finds that legislative schemes that give effect to constitutional rights are likely to contain an array of benefits that are absent from or reduced in the judicial law-making process. The judicial pivot towards …

    cambridge Repository record for The Constitutional Rebuilding of the South African Private Law: A Choice Between Judicial and Legislative Law-Making (opens in a new tab)