Dibetle v Chiloane and Others (46325/2013) [2016] ZAGPJHC 287 (19 October 2016)

Dibetle v Chiloane and Others (46325/2013) [2016] ZAGPJHC 287 (19 October 2016)

The court found that the applicant is the registered owner of the property and the respondents are unlawful occupiers. The procedural requirements of the PIE Act were satisfied, and the respondents failed to raise a valid defence. The respondent's reliance on Nedbank communications and constitutional arguments did not establish a right to remain, as no steps were taken to set aside the sale in execution. The court considered the possibility of homelessness but found that the respondents have the financial means to secure alternative accommodation. The presence of elderly persons and children was noted, but no specific circumstances were provided to justify delaying eviction. The court...

Citation
[2016] ZAGPJHC 287
Parties
Applicant: Dibetle Kabelo Eugene; Respondent: Aron Chiloane; Respondent: All other persons claiming occupation of Erf 9178 Protea Glen Extension 12 Township; Respondent: City of Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 October 2016
Case Number
46325/2013
Procedural Posture
Eviction Application / Final Hearing After Supplementary Affidavits and Argument
Outcome
Eviction order granted against the first and second respondents; costs awarded against the first respondent.
Judges
S C Mia
Legal Topics
Prevention of Illegal Eviction Act, Eviction Procedure, Just and Equitable Test, Right to Housing, Sale in Execution, Ownership Dispute
Land and Property Civil Procedure Constitutional Law Prevention of Illegal Eviction Act Eviction Procedure Just and Equitable Test Right to Housing Sale in Execution +1 more

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Parties

Dibetle Kabelo Eugene

Applicant

Aron Chiloane

Respondent

All other persons claiming occupation of Erf 9178 Protea Glen Extension 12 Township

Respondent

City of Johannesburg

Respondent

Procedural Posture

Eviction Application / Final Hearing After Supplementary Affidavits and Argument

Legal Issues

  1. 1 Whether the procedural requirements of the PIE Act were met.
  2. 2 Whether it is just and equitable to grant an eviction order.
  3. 3 Whether the respondents have raised a valid defence to eviction.

Ratio Decidendi

The court found that the applicant is the registered owner of the property and the respondents are unlawful occupiers. The procedural requirements of the PIE Act were satisfied, and the respondents failed to raise a valid defence. The respondent's reliance on Nedbank communications and constitutional arguments did not establish a right to remain, as no steps were taken to set aside the sale in execution. The court considered the possibility of homelessness but found that the respondents have the financial means to secure alternative accommodation. The presence of elderly persons and children was noted, but no specific circumstances were provided to justify delaying eviction. The court...

Court Disposition

Eviction order granted against the first and second respondents; costs awarded against the first respondent.

Orders

  • The first and second respondents are evicted from Erf 9178, Protea Glen Extension 12.
  • The first and second respondents must vacate the premises on or before 24 February 2017.