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ConCourt to make ruling on Mitchell’s Plain evictions

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The Constitutional Court is expected to make a ruling on Wednesday morning on the future of 12 Mitchell’s Plain residents who face eviction from their homes after defaulting on payments.

The applicants purchased subsidised housing between 2000 and 2001 from the Cape Town Community Housing Company.

Under an Instalment Sale Agreement, the applicants were required to make payments in monthly instalments for a period of four years.

They defaulted on some instalments for various reasons, according to court papers.

The houses were subsequently sold to a third party and they were served with eviction notices.

This year, the residents challenged the sale of the properties in the High court in Cape Town but they lost their case.

When the Supreme Court of Appeal also dismissed their leave to appeal, they turned to the Constitutional Court for leave to appeal against the High court ruling.

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