The Normative Context for Evictions and Primary Drivers for Meaningful Engagements

In Occupiers of 51 Olivia Road, Berea Township and 197 Main Street, Johannesburg v City of Johannesburg 2008(3) SA 208 (CC), the Constitutional Court held that no court should uphold an application for eviction without “meaningful engagement”. This jurisprudential doctrine clearly foresees a change in the approach and practice of the involvement of unlawful occupiers during eviction. This article reflects on the normative context for evictions in South Africa and the implications of transformative constitutionalism on evictions. Six principal drivers are identified on which the notion of meaningful engagement is predicated. The article argues that consideration of the six principal drivers for meaningful engagement is central to a better conceptualisation and application of the substantive safeguards of meaningful engagement, which include equitable participation. Improved application of the substantive safeguards by the courts will accord better protection and empower unlawful occupiers to be part of the decision-making process during evictions, thereby reversing the disempowering trajectory of apartheid-style evictions.