Dawood and Others v Molebele and Others (2013/35000) [2025] ZAGPJHC 585 (9 June 2025)

Dawood and Others v Molebele and Others (2013/35000) [2025] ZAGPJHC 585 (9 June 2025)

The court found that the applicants, as registered owners, were entitled to restoration of possession after the cancellation of the sale in execution. Although the section 4(2) PIE Act notice was short-served, the court postponed the matter to cure the defect, ensuring the occupiers and municipality had adequate opportunity to respond. The respondents failed to attend the hearing or present evidence of hardship or lack of alternative accommodation. The court held that the procedural requirements were substantially met and that eviction was just and equitable under the circumstances. Rule 46(11)(c) was applicable to the sheriff's application, and the PIE Act's notice requirements did not...

Citation
[2025] ZAGPJHC 585
Parties
Applicant: Fazel Dawood; Applicant: Verna Belinda Dawood; Applicant: Sheriff of the High Court, Westonaria; Respondent: Lucas Molebele; Respondent: Freddy Sunduza Mabuza; Respondent: Monica Dimakatso Mabuza
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 June 2025
Case Number
2013/35000
Procedural Posture
Urgent Application / Eviction Application Heard on Unopposed Basis After Postponement to Cure Short Service of Notice.
Outcome
Eviction order granted in favour of the applicants; costs awarded against the respondents on a punitive scale.
Judges
Nair
Legal Topics
Prevention of Illegal Eviction Act, Eviction Procedure, Sale in Execution, Notice Requirements, Just and Equitable Eviction
Land and Property Civil Procedure Prevention of Illegal Eviction Act Eviction Procedure Sale in Execution Notice Requirements Just and Equitable Eviction

Case Brief

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Parties

Fazel Dawood

Applicant

Verna Belinda Dawood

Applicant

Sheriff of the High Court, Westonaria

Applicant

Lucas Molebele

Respondent

Freddy Sunduza Mabuza

Respondent

Monica Dimakatso Mabuza

Respondent

Procedural Posture

Urgent Application / Eviction Application Heard on Unopposed Basis After Postponement to Cure Short Service of Notice.

Legal Issues

  1. 1 Whether it is just and equitable to evict the occupiers from the immovable property, considering all circumstances.
  2. 2 Whether the procedural requirements of section 4(2) of the PIE Act were met, specifically regarding the 14-day notice period.
  3. 3 Whether Rule 46(11)(c) of the Uniform Rules of the High Court applies to the sheriff's application for eviction.

Ratio Decidendi

The court found that the applicants, as registered owners, were entitled to restoration of possession after the cancellation of the sale in execution. Although the section 4(2) PIE Act notice was short-served, the court postponed the matter to cure the defect, ensuring the occupiers and municipality had adequate opportunity to respond. The respondents failed to attend the hearing or present evidence of hardship or lack of alternative accommodation. The court held that the procedural requirements were substantially met and that eviction was just and equitable under the circumstances. Rule 46(11)(c) was applicable to the sheriff's application, and the PIE Act's notice requirements did not...

Court Disposition

Eviction order granted in favour of the applicants; costs awarded against the respondents on a punitive scale.

Orders

  • The second and third respondents are ordered to vacate the immovable property at Erf 5[…], Lenasia South Extension 4 Township, Registration Division IQ, Gauteng, by 31 July 2025.
  • The Sheriff of the High Court, Westonaria, is authorized to evict the second and third respondents and any persons occupying through them if they fail to vacate by the specified date.