The Supreme Court of Appeal dealt with appeals about the City of Tshwane's expropriation notices for land occupied by about 500 households. It found the 2015 withdrawal of the expropriation notice was a nullity, agreed that the expropriation notices were procedurally invalid, and held that the stated purpose of the expropriation was unlawful because it was to forestall relocation under an existing eviction order. The court also adjusted the high court's relocation order to require completion within one year of the judgment date.
This appears to concern municipalities, property owners, and occupiers where expropriation, eviction, and relocation orders overlap.
Evidence from source
The withdrawal was therefore a nullity, and the City could not rely on it as a lawful basis for any other decision it took.
Supports: The summary statement that the 2015 withdrawal was a nullity.
Counsel for the City correctly conceded that both the 2015 and 2018 expropriations were procedurally invalid.
Supports: The summary statement that the expropriation notices were procedurally invalid.
The avowed purpose of the expropriation was to forestall the relocation of the occupiers in light of the extant eviction order. Such purpose is unlawful.
Supports: The summary statement that the stated purpose of the expropriation was unlawful.