Buttner v van Wyk and Others (12094/2024) [2024] ZAWCHC 212 (20 August 2024)

Buttner v van Wyk and Others (12094/2024) [2024] ZAWCHC 212 (20 August 2024)

The court found that the applicant lawfully terminated the lease and the first respondent has no legal entitlement to remain in occupation. The respondent's claims regarding her inability to secure alternative accommodation and her alleged health issues were unsubstantiated. The court determined that section 4(6) of PIE applied, as the period of unlawful occupation was less than six months at the time of application. The interests of the minor child were considered, but the respondent failed to demonstrate any specific prejudice to the child's education or well-being. The court concluded that eviction is just and equitable, but set the vacation date after the school year to minimize...

Citation
[2024] ZAWCHC 212
Parties
Applicant: Peter John Buttner; Respondent: Charlene Megan van Wyk; Respondent: All persons occupying the property registered as erf 1[…], Durbanville, known as Z[…], Building No. […], Unit 6[…], B[…] Road, Durbanville, Cape Town, Western Cape Province, through the first respondent; Respondent: Durbanville Municipality
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 August 2024
Case Number
12094/2024
Procedural Posture
Eviction Application / Judgment
Outcome
Eviction granted; respondents to vacate property by 17 December 2024, failing which eviction may be carried out on 19 December 2024. Costs awarded to applicant.
Judges
P Farlam
Legal Topics
Prevention of Illegal Eviction Act, Just and Equitable Eviction, Unlawful Occupation, Best Interests of Child, Costs Award
Land and Property Civil Procedure Prevention of Illegal Eviction Act Just and Equitable Eviction Unlawful Occupation Best Interests of Child Costs Award

Case Brief

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Parties

Peter John Buttner

Applicant

Charlene Megan van Wyk

Respondent

All persons occupying the property registered as erf 1[…], Durbanville, known as Z[…], Building No. […], Unit 6[…], B[…] Road, Durbanville, Cape Town, Western Cape Province, through the first respondent

Respondent

Durbanville Municipality

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the eviction of the first respondent and her minor child from the property is just and equitable under section 4 of PIE.
  2. 2 What is a just and equitable date for the vacation or eviction of the property by the respondents.
  3. 3 Whether the applicant is entitled to costs, including costs of interlocutory applications and postponements.

Ratio Decidendi

The court found that the applicant lawfully terminated the lease and the first respondent has no legal entitlement to remain in occupation. The respondent's claims regarding her inability to secure alternative accommodation and her alleged health issues were unsubstantiated. The court determined that section 4(6) of PIE applied, as the period of unlawful occupation was less than six months at the time of application. The interests of the minor child were considered, but the respondent failed to demonstrate any specific prejudice to the child's education or well-being. The court concluded that eviction is just and equitable, but set the vacation date after the school year to minimize...

Court Disposition

Eviction granted; respondents to vacate property by 17 December 2024, failing which eviction may be carried out on 19 December 2024. Costs awarded to applicant.

Orders

  • The first respondent and all other persons occupying the property registered as erf 1[…], Durbanville and known as Z[…], Building No. […], Unit 6[…], B[…] Road, Durbanville, Cape Town, through the first respondent, are hereby evicted from the property.
  • The occupiers must vacate the property on or before Tuesday, 17 December 2024.