Government to appeal Modderklip squatters judgment

The judgment was hailed as a rare ‘win-win’ ruling that balanced the rights of private property with those (socio-economic rights) of citizens living in informal settlements. The case of the Modder East squatter community has taken four years and the latest appeal, to the Constitutional Court, in which President Thabo Mbeki is the first applicant, will be heard on November 4 and 5. The SCA found that the state had breached its constitutional obligations to the farm owners and the squatters by failing to provide alternative housing were the squatters to be evicted. It also said that the state had an obligation to ensure, at the least, that evictions were carried out in a humane manner. Thus the residents were entitled to continue to live on the land until the state, provincial or local authority found other accommodation for them. Full report in the Financial Mail (subscription needed)