Ekurhuleni Metropolitan Municipality and Others v Thubakgale and Others (125/2018) [2018] ZASCA 76 (31 May 2018)

Ekurhuleni Metropolitan Municipality and Others v Thubakgale and Others (125/2018) [2018] ZASCA 76 (31 May 2018)

The Supreme Court of Appeal found that the dates set by the High Court for delivery of houses and registration of title were not supported by the evidence and were incapable of fulfilment. The Municipality's updated progress report indicated that the houses would only be ready for occupation by 30 June 2019, six...

Source-derived case information.

Citation
[2018] ZASCA 76
Parties
Appellant: Ekurhuleni Metropolitan Municipality; Appellant: Executive Mayor, Ekurhuleni Municipality; Appellant: City Manager, Ekurhuleni Municipality; Appellant: Head of Department, Human Settlement, Ekurhuleni Municipality; Respondent: Thupetji Alexander Thubakgale; Respondent: Ekurhuleni Concerned Residents Association; Respondent: Residents of Winnie Mandela Informal Settlement
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 May 2018
Case Number
125/2018
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal upheld; High Court order amended as to dates for delivery of houses and registration of title; Municipality to pay respondents' costs including costs of two counsel.
Judges
Ponnan, Swain, Mbha, Davis, Pillay
Legal Topics
Right to Housing, Court Order Enforcement, Municipal Obligations
Constitutional Law Land and Property Right to Housing Court Order Enforcement Municipal Obligations

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Summary, issues, holding and outcome

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Parties

Ekurhuleni Metropolitan Municipality

Appellant

Executive Mayor, Ekurhuleni Municipality

Appellant

City Manager, Ekurhuleni Municipality

Appellant

Head of Department, Human Settlement, Ekurhuleni Municipality

Appellant

Thupetji Alexander Thubakgale

Respondent

Ekurhuleni Concerned Residents Association

Respondent

Residents of Winnie Mandela Informal Settlement

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the dates fixed by the High Court for delivery of houses and registration of title were capable of fulfilment.
  2. 2 Whether the Municipality was liable for costs regardless of the outcome of the appeal.

Ratio Decidendi

The Supreme Court of Appeal found that the dates set by the High Court for delivery of houses and registration of title were not supported by the evidence and were incapable of fulfilment. The Municipality's updated progress report indicated that the houses would only be ready for occupation by 30 June 2019, six months after the High Court's deadline. The respondents did not provide evidence to contradict this timeline. Accordingly, the appeal succeeded to the extent that the dates in the High Court order were amended to reflect the practical completion date. The Municipality accepted liability for costs regardless of the outcome.

Court Disposition

Appeal upheld; High Court order amended as to dates for delivery of houses and registration of title; Municipality to pay respondents' costs including costs of two counsel.

Orders

  • Paragraphs 1.1 and 1.2 of the High Court order are set aside and substituted with: The first respondent is ordered to provide each of the first and third to one hundred and thirty-fourth applicants with a house at Tembisa Extension 25, or at another agreed location, on or before 30 June 2019.
  • The first respondent is ordered to register the residents as the titleholders of their respective erven by 30 June 2020.