Blouw v AM Maree Algemene Construction CC and Another (24851/2008) [2009] ZAGPPHC 381 (14 October 2009)

Blouw v AM Maree Algemene Construction CC and Another (24851/2008) [2009] ZAGPPHC 381 (14 October 2009)

The court found that the property in question remained zoned as agricultural land, despite the development of a sectional title scheme. As a result, the Extension of Security of Tenure Act applied, and the High Court did not have jurisdiction to grant the eviction order under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. The absence of evidence of a change in zoning was decisive. Accordingly, the eviction order was unauthorised and had to be rescinded.

Citation
[2009] ZAGPPHC 381
Parties
Applicant: Rosaline Blouw; Respondent: A.M. Maree Algemene Construction CC; Respondent: The City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 October 2009
Case Number
24851/2008
Procedural Posture
Review Application / Application for Rescission of Eviction Order
Outcome
Application for rescission of eviction order granted; previous eviction order rescinded.
Judges
E Bertelsmann
Legal Topics
Eviction, Jurisdiction, Extension of Security of Tenure Act, Prevention of Illegal Eviction Act
Land and Property Civil Procedure Eviction Jurisdiction Extension of Security of Tenure Act Prevention of Illegal Eviction Act

Case Brief

Summary, issues, holding and outcome

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Parties

Rosaline Blouw

Applicant

A.M. Maree Algemene Construction CC

Respondent

The City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Review Application / Application for Rescission of Eviction Order

Legal Issues

  1. 1 Whether the land in question is agricultural land for the purposes of ESTA.
  2. 2 Whether the High Court had jurisdiction to grant the eviction order under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.
  3. 3 Whether the eviction order should be rescinded.

Ratio Decidendi

The court found that the property in question remained zoned as agricultural land, despite the development of a sectional title scheme. As a result, the Extension of Security of Tenure Act applied, and the High Court did not have jurisdiction to grant the eviction order under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. The absence of evidence of a change in zoning was decisive. Accordingly, the eviction order was unauthorised and had to be rescinded.

Court Disposition

Application for rescission of eviction order granted; previous eviction order rescinded.

Orders

  • The application succeeds and the judgment granted against the applicants under the above case number is rescinded.
  • It is noted that the second respondent has tendered to pay the applicant's costs.