Chokoe and Others v MEC for Human Settlements and Others (031031/2022) [2024] ZAGPJHC 1237 (26 November 2024)

Chokoe and Others v MEC for Human Settlements and Others (031031/2022) [2024] ZAGPJHC 1237 (26 November 2024)

The court found that the applicants were in occupation of the land at Putfontein and that the respondents demolished their structures and confiscated their materials without a court order. Ekurhuleni failed to prove that it acted instanter to prevent land invasion, and the evidence showed that the applicants had established possession by erecting structures. In terms of section 26(3) of the Constitution and the PIE Act, eviction or demolition of homes requires a court order. The respondents' actions constituted unlawful spoliation, and the applicants are entitled to restoration of possession and reconstruction of their shelters. The court ordered the respondents to reconstruct the...

Citation
[2024] ZAGPJHC 1237
Parties
Applicant: Daphney Mmamaowa Chokoe & 51 Others; Respondent: MEC for Human Settlements, Urban Planning & Cooperative Governance, Traditional Affairs, Gauteng Provincial Government; Respondent: Ekurhuleni Metropolitan Municipality; Respondent: Ekurhuleni Metropolitan Municipality Police Department
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 November 2024
Case Number
031031/2022
Procedural Posture
Urgent Application / Final Judgment After Opposed Urgent Application and Subsequent Normal Enrolment
Outcome
Application granted in favour of the applicants. Respondents interdicted from evicting or demolishing structures without a court order. Respondents ordered to reconstruct demolished structures and replace destroyed materials. Costs awarded as specified.
Judges
Ford
Legal Topics
Spoliation, Counter Spoliation, Section 26 Constitution, Pie Act, Unlawful Eviction, Restoration of Possession
Land and Property Civil Procedure Constitutional Law Spoliation Counter Spoliation Section 26 Constitution Pie Act Unlawful Eviction +1 more

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Parties

Daphney Mmamaowa Chokoe & 51 Others

Applicant

MEC for Human Settlements, Urban Planning & Cooperative Governance, Traditional Affairs, Gauteng Provincial Government

Respondent

Ekurhuleni Metropolitan Municipality

Respondent

Ekurhuleni Metropolitan Municipality Police Department

Respondent

Procedural Posture

Urgent Application / Final Judgment After Opposed Urgent Application and Subsequent Normal Enrolment

Legal Issues

  1. 1 Whether the respondents unlawfully evicted the applicants and demolished their structures without a court order.
  2. 2 Whether the respondents' actions constituted unlawful spoliation or permissible counter-spoliation.
  3. 3 Whether the applicants were in peaceful and undisturbed possession of the land at Putfontein.

Ratio Decidendi

The court found that the applicants were in occupation of the land at Putfontein and that the respondents demolished their structures and confiscated their materials without a court order. Ekurhuleni failed to prove that it acted instanter to prevent land invasion, and the evidence showed that the applicants had established possession by erecting structures. In terms of section 26(3) of the Constitution and the PIE Act, eviction or demolition of homes requires a court order. The respondents' actions constituted unlawful spoliation, and the applicants are entitled to restoration of possession and reconstruction of their shelters. The court ordered the respondents to reconstruct the...

Court Disposition

Application granted in favour of the applicants. Respondents interdicted from evicting or demolishing structures without a court order. Respondents ordered to reconstruct demolished structures and replace destroyed materials. Costs awarded as specified.

Orders

  • The respondents are interdicted and restrained from evicting the applicants from, and demolishing any informal dwelling, hut, shack, tent, or similar structure or any other form of temporary or permanent dwelling or shelter, whether occupied or unoccupied, throughout the area of the portion 117, 118, 124, 136 and...
  • The respondents are ordered within 21 days of this order, jointly and severally, to reconstruct the structures of the applicants which have been demolished and shall replace the materials belonging to the applicants that have been destroyed. The structures to be erected must be capable of being dismantled.