A.S and Another v J.C and Others (A63/2017) [2019] ZAWCHC 71; [2019] 3 All SA 425 (WCC) (19 June 2019)

A.S and Another v J.C and Others (A63/2017) [2019] ZAWCHC 71; [2019] 3 All SA 425 (WCC) (19 June 2019)

The court found that the lessor did not lawfully cancel the lease on 3 October 2017. The demand conflated rental and electricity charges, requiring compliance with the notice provisions for breaches other than rental, which was not done. The lessor historically accepted late payments without protest, creating a reasonable belief that strict performance would not be suddenly enforced. The presence of a non-waiver clause did not entitle the lessor to ambush the lessee by enforcing strict compliance without warning. In the specific circumstances, including the risk of homelessness for vulnerable respondents, enforcement of the cancellation clause was contrary to public policy and...

Citation
[2019] ZAWCHC 71
Parties
Appellant: AS; Appellant: ANS; Respondent: JC; Respondent: THE CITY OF CAPE TOWN; Respondent: THE OCCUPIERS OF THE PREMISES KNOWN AS [...], L ROAD, WOODSTOCK
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 June 2019
Case Number
A63/2017
Procedural Posture
Civil Appeal / Appeal Against Magistrate's Order Dismissing Eviction Application
Outcome
Appeal dismissed; no order as to costs.
Judges
J I Cloete, M K Parker
Legal Topics
Prevention of Illegal Eviction Act, Lease Cancellation, Public Policy in Contract, Constitutional Values in Contract, Good Faith in Contractual Performance, Notice to Remedy Breach
Land and Property Civil Procedure Constitutional Law Prevention of Illegal Eviction Act Lease Cancellation Public Policy in Contract Constitutional Values in Contract Good Faith in Contractual Performance +1 more

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Parties

AS

Appellant

ANS

Appellant

JC

Respondent

THE CITY OF CAPE TOWN

Respondent

THE OCCUPIERS OF THE PREMISES KNOWN AS [...], L ROAD, WOODSTOCK

Respondent

Procedural Posture

Civil Appeal / Appeal Against Magistrate's Order Dismissing Eviction Application

Legal Issues

  1. 1 Whether the lease agreement was lawfully cancelled by the lessor on 3 October 2017.
  2. 2 Whether the respondents became unlawful occupiers for purposes of PIE upon purported cancellation.
  3. 3 Whether the lessor complied with the contractual and statutory requirements for cancellation and eviction.

Ratio Decidendi

The court found that the lessor did not lawfully cancel the lease on 3 October 2017. The demand conflated rental and electricity charges, requiring compliance with the notice provisions for breaches other than rental, which was not done. The lessor historically accepted late payments without protest, creating a reasonable belief that strict performance would not be suddenly enforced. The presence of a non-waiver clause did not entitle the lessor to ambush the lessee by enforcing strict compliance without warning. In the specific circumstances, including the risk of homelessness for vulnerable respondents, enforcement of the cancellation clause was contrary to public policy and...

Court Disposition

Appeal dismissed; no order as to costs.

Orders

  • The appeal is dismissed with no order as to costs.