REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA occupiers must institute proceedings to evict the occupiers under the PIE Act. If the owner or person fails to comply, the municipality must bring proceedings to evict the occupiers. On the constitutional validity of section 16 of the Act the Constitutional Court held that section 16 of the Act is inconsistent with the Constitution and invalid. The Court noted that section 16 of the Act will make residents of informal settlements, who are invariably unlawful occupiers, more vulnerable to evictions should an MEC decide to issue a notice under section 16. 463. In Blue Moonlight Properties 39 (Pty) Ltd v Occupiers of Saratoga avenue243 the occupiers of 7 Saratoga Avenue are a community of 86 desperately poor people living in disused industrial property in Berea, Johannesburg. In 2006, they were sued for eviction by the owner of the property. They opposed the application, stating that they could not be evicted unless and until the City of Johannesburg discharged its constitutional obligation to provide them with temporary alternative accommodation pending ultimate access to formal housing as part of the national housing programme. They joined the City of Johannesburg ('the City') to the proceedings and sought an order compelling it to do so. The South Gauteng High Court, granted the eviction and ordered the occupiers to vacate the property. The Court directed the City either to provide the occupiers with temporary accommodation or to pay each of the occupiers’ households R850 per month towards the cost of finding their own alternative accommodation. The City subsequently appealed the SCA judgment, and the appeal was heard in the Constitutional Court. Judgment was handed down, the Court accordingly upheld the order of the SCA but ordered the eviction of the occupiers 14 days after the City was ordered to provide those occupiers who were in need with temporary accommodation. This was to ensure that they would not be rendered homeless because of the eviction. 464. In City of Johannesburg v Changing Tides 74 (Pty) Ltd and Others (SCA)244 Changing Tide Properties had applied for the eviction of the occupiers, which was unopposed by the occupiers. However, the owner highlighted that the eviction may lead to homelessness. The South Gauteng High Court ordered the City of Johannesburg (the City) to provide alternative accommodation to approximately 100 unlawful occupiers of a building in inner city Johannesburg. Social security 465. Out of the total population, the percentage of individuals who benefited from social grants increased from 12,7% in 2003 to 30,2% in 2013. As table 18 below indicates, the percentage of households that received at least one grant increased from 29,9% to 45,5%.245 243 [2010] ZAGPJHC 3 [2012] ZASCA 116 245 General Household Survey, 2013 244 127