Chien and Another v AG Unlimited Prospects (Pty) Ltd and Others (51201/2014) [2015] ZAGPPHC 1019 (18 September 2015)

Chien and Another v AG Unlimited Prospects (Pty) Ltd and Others (51201/2014) [2015] ZAGPPHC 1019 (18 September 2015)

The court found that the respondents deliberately and wilfully disregarded the order of 25 February 2015 by continuing to operate communes on the properties without the required consent from the City of Tshwane. The respondents' claim of humanitarian motives was rejected as inconsistent with their conduct and communications to tenants, which demonstrated an intention to maintain the commune operations. The respondents also failed to prevent nuisances as required by the order. The court held that the test for contempt, as set out in Fakie NO v CCII Systems (Pty) Ltd, was met: the respondents' non-compliance was both intentional and mala fide. Consequently, the respondents were found in...

Citation
[2015] ZAGPPHC 1019
Parties
Applicant: Grace Lo Chien; Applicant: Paul Po-Han Chien; Respondent: AG Unlimited Prospects (Pty) Ltd; Respondent: Annetie Niemand; Respondent: Lukas Jurie Niemand; Respondent: City of Tshwane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 September 2015
Case Number
51201/2014
Procedural Posture
Contempt Application / Judgment
Outcome
Application for contempt of court granted. Second and third respondents found in contempt and ordered to take legal steps to evict unlawful occupiers.
Judges
Legodi
Legal Topics
Contempt of Court, Eviction, Commune Policy, Nuisance, Interdict, Unlawful Occupation
Civil Procedure Land and Property Contempt of Court Eviction Commune Policy Nuisance Interdict Unlawful Occupation

Case Brief

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Parties

Grace Lo Chien

Applicant

Paul Po-Han Chien

Applicant

AG Unlimited Prospects (Pty) Ltd

Respondent

Annetie Niemand

Respondent

Lukas Jurie Niemand

Respondent

City of Tshwane

Respondent

Procedural Posture

Contempt Application / Judgment

Legal Issues

  1. 1 Whether the respondents are in contempt of the court order dated 25 February 2015.
  2. 2 Whether the respondents unlawfully continued to operate communes without the required consent from the City of Tshwane.
  3. 3 Whether the respondents failed to prevent nuisance and disturbances as directed by the previous court order.

Ratio Decidendi

The court found that the respondents deliberately and wilfully disregarded the order of 25 February 2015 by continuing to operate communes on the properties without the required consent from the City of Tshwane. The respondents' claim of humanitarian motives was rejected as inconsistent with their conduct and communications to tenants, which demonstrated an intention to maintain the commune operations. The respondents also failed to prevent nuisances as required by the order. The court held that the test for contempt, as set out in Fakie NO v CCII Systems (Pty) Ltd, was met: the respondents' non-compliance was both intentional and mala fide. Consequently, the respondents were found in...

Court Disposition

Application for contempt of court granted. Second and third respondents found in contempt and ordered to take legal steps to evict unlawful occupiers.

Orders

  • The fifth respondent is joined to the application and declared unlawful occupiers of the properties.
  • The second and third respondents are found in contempt of paragraphs 1 and 3 of the order dated 25 February 2015.