William Archibald Stander v The State

Key Issues

• {"issue_text":"Whether eviction of the applicant from compulsorily acquired land without paying compensation for improvements amounts to unlawful deprivation of property under section 72(3)(a) and (b) of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"State acquired land; applicant occupied without authority; no compensation paid for improvements before eviction"}
• {"issue_text":"Whether eviction of a physically disabled person constitutes breach of State obligations under section 2 and violation of rights under section 83 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant is bilateral below knee amputee; State seeks eviction"}
• {"issue_text":"Whether eviction without prior compensation amounts to torture or cruel, inhuman or degrading treatment under section 53 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant faces eviction without immediate compensation"}

Background