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Question: Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others (CCT109/19)  ZACC 13; 2020 (5) SA 247 (CC); 2020 (9) BCLR 1098 (CC) (17 June 2020) case summary and citation
Public Protector and Others v President of the Republic of South Africa and Others (CCT 62/20)  ZACC 19; 2021 (9) BCLR 929 (CC); 2021 (6) SA 37 (CC) (1 July 2021) case summary and citation
The case of Beadica 231CC and Others v Trustees for the time being of the Oregon Trust and Others is a significant South African case that revolved mostly around property law and more specifically, the eviction of people from their homes. Case Citation: Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others (CCT109/19)  ZACC 13; 2020 (5) SA 247 (CC); 2020 (9) BCLR 1098 (CC) (17 June 2020) Here's a summary: The case originates from a dispute over the eviction of residents from a farm in Stellenbosch. The residents had been living there for varying lengths of time, some for many years, and their potential eviction raised significant issues relating to housing rights and the right to suitable accommodation. The Constitutional Court in this case set aside the eviction orders granted by the Stellenbosch Magistrate's Court and confirmed by the Land Claims Court on appeal in terms of the Extension of Security of Tenure Act 62 of 1997 (ESTA). The Court explained that an eviction order cannot be granted unless the occupier’s right to suitable alternative accommodation has been considered. In this judgment, the Court took into account a range of factors in its decision, including the long-term residency of some of the households, the age of the residents, the availability of suitable alternative accommodation, and the impact of the eviction on the residents’ employment. The judgment is significant as it marked the first time the Constitutional Court directly addressed the issue of suitable alternative accommodation in the context of rural evictions under ESTA. The Court emphasised that eviction is a measure of last resort. The Court stressed the importance of considering all circumstances specific to the case before deciding on ordering an eviction. For further understanding, you may want to read the case in detail or consult with legal professionals.
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