Evictions; towards a transformative interpretation of the constitutional requirement of considering 'all relevant circumstances'
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Date
2006
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Western Cape
Abstract
This research paper aimed to explore the relevant circumstances that the legislature has specified must be considered before an eviction application is granted and the meaning that the courts have given these circumstances in both Section 26(3) of the South African Constitution and enabling legislation. It also explored whether a transformative interpretation has been given to the meaning of "all relevant circumstances" within the legislation, its proposed amendments, and by the courts.
Description
Magister Legum - LLM
Keywords
Eviction - South Africa, Landlord and tenant - South Africa