Dlamini and Another v Mogale City Local Municipality and Another (32602/2021) [2021] ZAGPJHC 435 (15 July 2021)

Dlamini and Another v Mogale City Local Municipality and Another (32602/2021) [2021] ZAGPJHC 435 (15 July 2021)

The court found that the applicants' urgency was self-created, as they had been aware of the Keightley order since 21 May 2021 but only approached the court after the order was executed on 7 July 2021. No application for leave to appeal had been filed to suspend the execution of the order, and Mogale City was entitled to enforce it. The relief sought was based on the incorrect premise that execution was suspended. The applicants failed to act with the necessary haste, and the matter did not warrant urgent intervention. Accordingly, the application was struck from the roll for lack of urgency.

Citation
[2021] ZAGPJHC 435
Parties
Applicant: Lydia Dlamini; Applicant: Other Occupiers of PTN 23 of the Farm Rietvallei [....] L.Q. listed in Annexure “A”; Respondent: Mogale City Local Municipality; Respondent: The South African Police Service (Johannesburg)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 July 2021
Case Number
32602/2021
Procedural Posture
Urgent Application / Application Struck From the Roll for Lack of Urgency
Outcome
Application struck from the roll for lack of urgency.
Judges
Windell
Legal Topics
Urgent Interdict, Eviction Proceedings, Section 26 Right to Housing, Disaster Management Regulations, Self Created Urgency
Civil Procedure Constitutional Law Land and Property Urgent Interdict Eviction Proceedings Section 26 Right to Housing Disaster Management Regulations Self Created Urgency

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Parties

Lydia Dlamini

Applicant

Other Occupiers of PTN 23 of the Farm Rietvallei [....] L.Q. listed in Annexure “A”

Applicant

Mogale City Local Municipality

Respondent

The South African Police Service (Johannesburg)

Respondent

Procedural Posture

Urgent Application / Application Struck From the Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the application is urgent and warrants deviation from normal court procedures.
  2. 2 Whether the execution of the Keightley order was lawful in the absence of a pending application for leave to appeal.
  3. 3 Whether the applicants' rights under section 26(3) of the Constitution and Disaster Management Regulations were violated.

Ratio Decidendi

The court found that the applicants' urgency was self-created, as they had been aware of the Keightley order since 21 May 2021 but only approached the court after the order was executed on 7 July 2021. No application for leave to appeal had been filed to suspend the execution of the order, and Mogale City was entitled to enforce it. The relief sought was based on the incorrect premise that execution was suspended. The applicants failed to act with the necessary haste, and the matter did not warrant urgent intervention. Accordingly, the application was struck from the roll for lack of urgency.

Court Disposition

Application struck from the roll for lack of urgency.

Orders

  • The application is struck from the roll.
  • Each party is ordered to pay its own costs.