Baron and Others v Claytile (Pty) Ltd and Another (LCC21R/2014, MCC2179/2013) [2016] ZALCC 27; 2017 (4) SA 180 (LCC) (23 March 2016)

Baron and Others v Claytile (Pty) Ltd and Another (LCC21R/2014, MCC2179/2013) [2016] ZALCC 27; 2017 (4) SA 180 (LCC) (23 March 2016)

The court held that the absence of alternative accommodation does not preclude the granting of an eviction order against occupiers on private land under the Extension of Security of Tenure Act. The constitutional obligation to provide housing rests with the State, not private landowners. Claytile lawfully terminated the appellants' employment and rights of residence, provided free accommodation for an extended period, and now requires the property for its current employees. The appellants failed to substantiate their claims of impending homelessness or demonstrate efforts to secure alternative accommodation. Balancing the interests and hardships, the court found it just and equitable to...

Citation
[2016] ZALCC 27
Parties
Appellant: Isak Baron; Appellant: David Bailey; Appellant: Eric Cupido; Appellant: Jonathan Stoffels; Appellant: Richard Figland; Appellant: Anthony Merrington; Appellant: Any other persons currently residing at Claytile Joostenberg Brick, Hercules Pilaar Road, Muldersvlei with or through the above respondents whose names and identities are unknown to applicant; Respondent: Claytile (Pty) Ltd; Respondent: City of Cape Town Metropolitan Municipality
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
23 March 2016
Case Number
LCC21R/2014, MCC2179/2013
Procedural Posture
Civil Appeal / Appeal From Eviction Order of Bellville Magistrates Court
Outcome
Appeal dismissed; eviction order confirmed; no order as to costs.
Judges
Y S Meer, Z Carelse
Legal Topics
Extension of Security of Tenure Act, Eviction, Right to Property, Right to Housing, Just and Equitable, Alternative Accommodation
Land and Property Constitutional Law Civil Procedure Extension of Security of Tenure Act Eviction Right to Property Right to Housing Just and Equitable +1 more

Case Brief

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Parties

Isak Baron

Appellant

David Bailey

Appellant

Eric Cupido

Appellant

Jonathan Stoffels

Appellant

Richard Figland

Appellant

Anthony Merrington

Appellant

Any other persons currently residing at Claytile Joostenberg Brick, Hercules Pilaar Road, Muldersvlei with or through the above respondents whose names and identities are unknown to applicant

Appellant

Claytile (Pty) Ltd

Respondent

City of Cape Town Metropolitan Municipality

Respondent

Procedural Posture

Civil Appeal / Appeal From Eviction Order of Bellville Magistrates Court

Legal Issues

  1. 1 Whether it is just and equitable to evict occupiers from private land under the Extension of Security of Tenure Act when the State cannot provide alternative accommodation.
  2. 2 Whether the absence of alternative accommodation by the municipality precludes the granting of an eviction order.
  3. 3 How the constitutional obligations of the State to provide housing interact with the property rights of private landowners and tenure rights of occupiers.

Ratio Decidendi

The court held that the absence of alternative accommodation does not preclude the granting of an eviction order against occupiers on private land under the Extension of Security of Tenure Act. The constitutional obligation to provide housing rests with the State, not private landowners. Claytile lawfully terminated the appellants' employment and rights of residence, provided free accommodation for an extended period, and now requires the property for its current employees. The appellants failed to substantiate their claims of impending homelessness or demonstrate efforts to secure alternative accommodation. Balancing the interests and hardships, the court found it just and equitable to...

Court Disposition

Appeal dismissed; eviction order confirmed; no order as to costs.

Orders

  • The appeal is dismissed.
  • No order as to costs.