Student accommodation doesn’t constitute a 'home', says Appeal Court

Students contended the owner wasn’t compelled to evict them on the basis that the provisions of the PIE applied to the proceedings brought by the owner and to the extent that the owner failed to bring the eviction proceedings in terms of PIE and that the application was fatally defective.But the owner contended the residence did not constitute the students’ home and if evicted they would not be rendered homeless as they had homes.

It follows that, if the occupation of land does not constitute the home of an occupier, PIE does not find application.“The central issue in this appeal is whether, given what this court has held home to be for the purposes of s26 of the constitution and its implementation in PIE, the provision of student accommodation by CPUT to its students constitutes a home, so as to render PIE of application.

The court upheld the appeal with no order regarding costs and declared PIE did not apply to the students' unlawful occupation of the residence and that the owner was entitled to evict them.

Source: Education Headlines (educationheadlines.net)

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