Dlamini and Another v Gumede and Others (13012/2022) [2024] ZAGPJHC 145 (21 February 2024)

Dlamini and Another v Gumede and Others (13012/2022) [2024] ZAGPJHC 145 (21 February 2024)

The court found that the respondent failed to establish a basis for the interlocutory application to stay eviction proceedings, lacking both locus standi and a substantiated cause of action. However, the applicants also failed to demonstrate that the respondent was an unlawful occupier under the PIE Act, as the lease agreement arising from the huur gaat voor koop maxim had not been validly terminated. The applicants' notice to vacate did not amount to termination of the lease, and the respondent's continued occupation, despite non-payment of rental, did not automatically render him an unlawful occupier. The absence of proper termination of the lease agreement was fatal to the eviction...

Citation
[2024] ZAGPJHC 145
Parties
Applicant: Roselinah Nthabiseng Dlamini; Applicant: Ephraim Dlamini; Respondent: Nkosinathi Gumede; Respondent: Further Unlawful Occupiers; Respondent: City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 February 2024
Case Number
13012/2022
Procedural Posture
Stay Application / Judgment on Interlocutory Stay and Eviction Application
Outcome
The respondent's interlocutory application is dismissed with costs. The application for eviction is dismissed with costs.
Judges
Noko
Legal Topics
Prevention of Illegal Eviction Act, Huur Gaat Voor Koop, Termination of Lease, Unlawful Occupation, Locus Standi, Notice to Vacate
Land and Property Civil Procedure Prevention of Illegal Eviction Act Huur Gaat Voor Koop Termination of Lease Unlawful Occupation Locus Standi Notice to Vacate

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Parties

Roselinah Nthabiseng Dlamini

Applicant

Ephraim Dlamini

Applicant

Nkosinathi Gumede

Respondent

Further Unlawful Occupiers

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Stay Application / Judgment on Interlocutory Stay and Eviction Application

Legal Issues

  1. 1 Whether the respondent has made out a case for the interlocutory application to stay eviction proceedings.
  2. 2 Whether the applicants have made out a case for eviction in terms of the PIE Act.
  3. 3 Whether the respondent is an unlawful occupier under the PIE Act.

Ratio Decidendi

The court found that the respondent failed to establish a basis for the interlocutory application to stay eviction proceedings, lacking both locus standi and a substantiated cause of action. However, the applicants also failed to demonstrate that the respondent was an unlawful occupier under the PIE Act, as the lease agreement arising from the huur gaat voor koop maxim had not been validly terminated. The applicants' notice to vacate did not amount to termination of the lease, and the respondent's continued occupation, despite non-payment of rental, did not automatically render him an unlawful occupier. The absence of proper termination of the lease agreement was fatal to the eviction...

Court Disposition

The respondent's interlocutory application is dismissed with costs. The application for eviction is dismissed with costs.

Orders

  • The respondent's interlocutory application is dismissed with costs.
  • The application for eviction is dismissed with costs.