Evictions; towards a transformative interpretation of the constitutional requirement of considering 'all relevant circumstances'

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.