The Constitutional Court will on Thursday morning hear an argument about whether a group of workers who are no longer employed by a brick factory should be allowed to continue living on the property.
The former workers say they have nowhere else to go but the factory says it's providing free accommodation, electricity and water to them and is now unable to help its current workers.
The company is expected to tell the court that there is no legal duty on a private entity to provide accommodation to people who are evicted and that it is the state that has to actually provide housing for its former workers.
The Land Claims Court has previously ruled in this case that the obligation to ensure access to adequate housing does lie solely with the state.
But the former workers will argue that they’re now being removed from the only homes they’ve ever known, that there was no meaningful engagement and that they will suffer greater hardships than the company if they are evicted.
But the company says it has offered to help them financially despite the fact they’ve done nothing to help their own situation.
It also says the duty to help homeless people falls squarely on organs of state in all three spheres of government.
Under the Prevention of Illegal Eviction Act, people cannot be evicted unless they have other accommodation.
In a previous ruling, the Constitutional Court has said municipalities must provide emergency accommodation to people who are evicted.