GROBLER V PHILLIPS AND OTHERS (CCT 243/21) [2022] ZACC 32 (20 SEPTEMBER 2022)

On 20 September 2022, the Constitutional Court, following a thirteen-year legal battle, delivered judgment against the Stellenbosch University Law Clinic’s 85-year old client, Ms Clara Phillips, and her mentally disabled son.
The Court held that an unlawful occupier’s wishes to remain in unlawful occupation of the property that has been her home for the past 74 years, is not a relevant consideration, as an unlawful occupier such as Phillips does not have a right to refuse to be evicted on the basis that she prefers or wishes to remain in the property which she is occupying unlawfully.
In granting the eviction order, the Court stated that an eviction order in these circumstances would not render Phillips homeless. Phillips would essentially only be required to relocate from one home to another in the same immediate community within Somerset West.
Accordingly, the Court made the following order:
  1. Leave to appeal was granted.
  2. The appeal was upheld.
  3. The order of the Supreme Court of Appeal was set aside and substituted with the following order:
    1. Grobler is directed to purchase a two-bedroom dwelling in a good condition.
    2. The dwelling shall comply with the following requirements:
      1. It shall have at least two bedrooms.
      2. It shall have a lounge, kitchen and bathroom.
      3. The dwelling must be situated within a radius of 5 kilometres from 59 Drummer Street, Somerset West.
  4. Regard being had to the First Respondent, Phillips’ age and Adam’s disability, the dwelling shall be easily accessible.
  5. It is declared that once the dwelling is registered in the name of Grobler, Phillips and her son, Adam, shall have the right to reside in the dwelling for the rest of Phillips’ life, and Grobler is directed to register the aforementioned right against the title deed of the dwelling.
  6. Grobler is directed to arrange and pay for all the relocation costs of Phillips and Adam, including the removal and transportation costs of their furniture, personal goods and effects to the dwelling.
  7. Phillips and Adam will be liable for the costs of municipal services that are rendered by the municipality to them in respect of the dwelling and will be liable for the reasonable maintenance costs of the interior of the dwelling.
  8. Phillips and Adam are directed to comply with all municipal regulations in respect of the dwelling and if applicable, the body corporate house rules.
  9. If Phillips and Adam do not take occupation of the dwelling within six months from the date of registration of the dwelling in the name of Grobler, Phillips and Adam and all other occupants are directed to vacate the premises known as 59 Dummer Street, Somerset West, failing which, the Sheriff of the Court is directed to evict them from the premises.,
  10. There shall be no order as to costs.