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The Constitutional Court has held that evictions that lead to homelessness are unlawful, even if they are agreed to by all the residents to be evicted. The court on Thursday set aside the eviction of 184 residents of Kiribilly, a block of flats in Berea in Johannesburg’s inner city. The residents had been evicted following a ruling by the High Court in Johannesburg earlier this year. People under threat of eviction are to be properly informed of their rights to contest eviction proceedings and claim alternative accommodation, according to the court. In addition, judges must investigate the circumstances of all residents in order to assess the effects that an eviction will have on them, the court said in its ruling. Kiribilly’s owner said that the residents had agreed to be evicted, but the residents said they had not been advised of their rights to defend the case, and would be left homeless if they had to vacate the flats. At their initial court appearance, only four residents were...

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