A North West woman and her 14 neighbours have emerged victorious against a municipality that wanted to build a hostel on their property.

The Constitutional Court ruled yesterday that the Rustenburg municipality acted unlawfully when it approved and started construction work on the land without the consent of Pontsho Motswagae and the other occupants.

In the judgment by now retired Justice Zak Yacoob, he said: “The work authorised by the municipality did, in my view, interfere with the applicants’ peaceful and undisturbed occupation of their homes.

And what is more, the interference is by no means slight.

“I have already said that the applicants attach photos to their papers showing the extent of the works. The intrusion was plainly so significant a disturbance to the applicants’ occupation that it constituted a form of eviction. It is serious and, in our constitutional era, unacceptable.”

Motswagae and the municipality have been in dispute since 2009 when excavation of land by a bulldozer right next to the outer wall of her home, exposing the foundations of the building, suddenly began without her knowledge. The two parties have been to the high court and the Supreme Court of Appeal but have failed to reach an agreement.

The property in question is block of flats which is now dilapidated. The land was earmarked for development in 2004.

“The question before us is whether the municipality acted lawfully in authorising this work on the property without obtaining a court order for the eviction of the applicants,” Justice Yacoob said.

“The municipality knew that it was interfering with the rights of people to occupy their homes peacefully.

“This is demonstrated conclusively by the fact that the municipality has consistently (and even in the High Court) offered those people affected by the development, including the applicants, alternative accommodation.

“The municipality would not have offered alternative accommodation unless it had concluded that the offer was reasonably necessary in the circumstances.”

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