De Lange v Benade and Others (2024-084568) [2025] ZAGPPHC 611 (25 June 2025)

De Lange v Benade and Others (2024-084568) [2025] ZAGPPHC 611 (25 June 2025)

The court found that the grounds for eviction set out in the section 4(2) application were materially different from those in the main eviction application. This constituted non-compliance with section 4(5)(c) of the Prevention of Illegal Evictions from and Unlawful Occupation of Land Act, which requires strict adherence. The explanation for the change in cause of action was not properly included in the founding affidavit, and the court emphasized that ex parte applications require full disclosure of material facts. Although the application should be dismissed, the court opted to strike it from the roll to allow the Applicant to re-institute the application de novo, considering the...

Citation
[2025] ZAGPPHC 611
Parties
Applicant: George Troskie De Lange; Respondent: Johannes Hendrik Benade; Respondent: Lee-Ann Vera Benade; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 June 2025
Case Number
2024-084568
Procedural Posture
Interlocutory Application / Ex Parte Application for Authorisation of Section 4(2) Notice in Pending Eviction Proceedings
Outcome
Application struck from the roll; costs awarded against the Applicant.
Judges
E.M Kubushi
Legal Topics
Prevention of Illegal Eviction Act, Ex Parte Applications, Notice Requirements, Cause of Action Consistency
Land and Property Civil Procedure Prevention of Illegal Eviction Act Ex Parte Applications Notice Requirements Cause of Action Consistency

Case Brief

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Parties

George Troskie De Lange

Applicant

Johannes Hendrik Benade

Respondent

Lee-Ann Vera Benade

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Interlocutory Application / Ex Parte Application for Authorisation of Section 4(2) Notice in Pending Eviction Proceedings

Legal Issues

  1. 1 Whether the section 4(2) application complies with section 4(5)(c) of the Prevention of Illegal Evictions from and Unlawful Occupation of Land Act.
  2. 2 Whether non-compliance with section 4(5)(c) renders the application defective.
  3. 3 Whether the grounds for eviction in the section 4(2) application are consistent with those in the main eviction application.

Ratio Decidendi

The court found that the grounds for eviction set out in the section 4(2) application were materially different from those in the main eviction application. This constituted non-compliance with section 4(5)(c) of the Prevention of Illegal Evictions from and Unlawful Occupation of Land Act, which requires strict adherence. The explanation for the change in cause of action was not properly included in the founding affidavit, and the court emphasized that ex parte applications require full disclosure of material facts. Although the application should be dismissed, the court opted to strike it from the roll to allow the Applicant to re-institute the application de novo, considering the...

Court Disposition

Application struck from the roll; costs awarded against the Applicant.

Orders

  • The application is struck from the roll.
  • The Applicant is ordered to pay the costs of the application, including costs of counsel on scale B.