On 2 August 2019, the Centre for Applied Legal Studies was in an urgent court hearing in Johannesburg. We were attempting to assist a woman, who was previously raped and kidnapped, to gain re-entrance into a gender-based violence shelter after being evicted.
In response to the judge’s decision, the shelter staff and employees from the Department of Community Safety present at the hearing celebrated their successful eviction of another woman from the gender-based violence shelter on the second day of Women’s month. The law already acknowledges that shelters are considered as homes, and no one may be evicted from their home without a court order. This is supported by cases like Metropolitan Evangelical Services NPC v Goge and Dladla v City of Johannesburg which state that section 26 of the Constitution as well as the Prevention of Illegal Evictions Act and the Unlawful Occupation of Land Act both apply to shelters.
First, by unlawfully evicting women who either have to live on the streets or return to an abuser negates the assistance they may have received during the six months at the shelter. The shelter is ultimately returning women to places of violence and creating a cycle of violence.
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