Delta 200 Properties (Pty) Ltd v D and Others (LCC31/2019) [2020] ZALCC 24 (12 August 2020)

Delta 200 Properties (Pty) Ltd v D and Others (LCC31/2019) [2020] ZALCC 24 (12 August 2020)

The court found that Mr and Mrs D are ESTA occupiers entitled to protection, but neither was an occupier on 4 February 1997, making section 11 of ESTA applicable. The applicant lawfully terminated their rights of residence through a procedurally fair process, affording them an opportunity to make representations. The substantive grounds for termination were just and equitable, given the breakdown of the relationship, lack of rental payments, and the applicant's commercial interests. The respondents' financial hardship and disruption to their children's education were considered, but the court found they have the means to secure modest alternative accommodation and that eviction would not...

Citation
[2020] ZALCC 24
Parties
Applicant: Delta 200 Properties (Pty) Ltd; Respondent: P D; Respondent: T D; Respondent: City of Cape Town; Respondent: Head of the Relevant Provincial Office of the Dept of Rural Development and Land Reform
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
12 August 2020
Case Number
LCC31/2019
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction granted. Application of 12 February 2020 dismissed. No compensation for improvements except demolition and salvage of dwellings. Each party to pay own costs.
Judges
Cowen
Legal Topics
Extension of Security of Tenure Act, Eviction of Occupiers, Just and Equitable Eviction, Termination of Right of Residence, Compensation for Improvements, Procedural Fairness
Land and Property Civil Procedure Constitutional Law Extension of Security of Tenure Act Eviction of Occupiers Just and Equitable Eviction Termination of Right of Residence Compensation for Improvements +1 more

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Parties

Delta 200 Properties (Pty) Ltd

Applicant

P D

Respondent

T D

Respondent

City of Cape Town

Respondent

Head of the Relevant Provincial Office of the Dept of Rural Development and Land Reform

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the persons sought to be evicted are 'occupiers' as contemplated by ESTA and entitled to its protections.
  2. 2 Whether any occupier was an occupier on 4 February 1997, determining the applicability of section 10 or 11 of ESTA.
  3. 3 Whether any occupiers' right of residence was lawfully terminated in terms of section 8 of ESTA.

Ratio Decidendi

The court found that Mr and Mrs D are ESTA occupiers entitled to protection, but neither was an occupier on 4 February 1997, making section 11 of ESTA applicable. The applicant lawfully terminated their rights of residence through a procedurally fair process, affording them an opportunity to make representations. The substantive grounds for termination were just and equitable, given the breakdown of the relationship, lack of rental payments, and the applicant's commercial interests. The respondents' financial hardship and disruption to their children's education were considered, but the court found they have the means to secure modest alternative accommodation and that eviction would not...

Court Disposition

Eviction granted. Application of 12 February 2020 dismissed. No compensation for improvements except demolition and salvage of dwellings. Each party to pay own costs.

Orders

  • The application of 12 February 2020 is dismissed with no order as to costs.
  • The first and second respondent and all persons occupying through them are to vacate the property by the end of April 2021.