Dlamini v Chuene and Others (61528/2021) [2024] ZAGPPHC 332 (15 April 2024)

Dlamini v Chuene and Others (61528/2021) [2024] ZAGPPHC 332 (15 April 2024)

The applicant is the registered owner of the property, having acquired valid title through a lawful transaction and compliance with statutory requirements. The first respondent's purported purchase in 2009 was invalid as the seller lacked title and statutory restrictions under the Housing Act rendered the transaction a nullity. The applicant complied with the procedural requirements of the PIE Act, and the respondents have no lawful right to occupy the property. The court considered the personal circumstances of both parties, including the lack of alternative accommodation for both, but found that the applicant's constitutional rights to property and housing are being infringed. The...

Citation
[2024] ZAGPPHC 332
Parties
Applicant: Tebogo Liza Dlamini; Respondent: JM Chuene; Respondent: Unlawful occupiers residing at Erf 6[...],2[...] N[...] Crescent, Nellmapius, Extension 6 Township; Respondent: City of Tshwane Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 April 2024
Case Number
61528/2021
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction order granted against the first and second respondents and all persons residing with them; costs awarded to the applicant.
Judges
Baqwa
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Housing Act Restrictions, Just and Equitable Eviction, Title Deed Dispute
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Housing Act Restrictions Just and Equitable Eviction Title Deed Dispute

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Parties

Tebogo Liza Dlamini

Applicant

JM Chuene

Respondent

Unlawful occupiers residing at Erf 6[...],2[...] N[...] Crescent, Nellmapius, Extension 6 Township

Respondent

City of Tshwane Municipality

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to an eviction order under the PIE Act against the respondents.
  2. 2 Whether the first respondent acquired any lawful rights to the property through the 2009 sale agreement.
  3. 3 Whether the sale to the applicant complied with the Housing Act and PIE Act requirements.

Ratio Decidendi

The applicant is the registered owner of the property, having acquired valid title through a lawful transaction and compliance with statutory requirements. The first respondent's purported purchase in 2009 was invalid as the seller lacked title and statutory restrictions under the Housing Act rendered the transaction a nullity. The applicant complied with the procedural requirements of the PIE Act, and the respondents have no lawful right to occupy the property. The court considered the personal circumstances of both parties, including the lack of alternative accommodation for both, but found that the applicant's constitutional rights to property and housing are being infringed. The...

Court Disposition

Eviction order granted against the first and second respondents and all persons residing with them; costs awarded to the applicant.

Orders

  • The First and Second Respondent and all who reside with them are directed to vacate the property known as 2[...] N[...] Crescent, ERF 6[...], Nellmapius, Extension 6 Township, Gauteng within 90 days from the date of this order.
  • The First and Second Respondents must remove all personal belongings from the property within 90 days from the date of this order.