Fani and Others v National Department of Public Works (EL738/2020) [2020] ZAECELLC 19 (29 October 2020)

Fani and Others v National Department of Public Works (EL738/2020) [2020] ZAECELLC 19 (29 October 2020)

The court found that the applicants were unlawfully evicted from their homes by the demolition operation carried out by the second respondent on the instructions of the first respondent. The evidence, including affidavits and photographic material, established that the demolished structures were occupied homes, and the respondents failed to provide a credible or detailed account to rebut this. The prior court order relied upon by the respondents did not authorise the eviction or demolition of occupied homes without due process under the PIE Act and section 26(3) of the Constitution. The demolition occurred without a court order specifically authorising eviction, and during the national...

Citation
[2020] ZAECELLC 19
Parties
Applicant: Simphiwe Fani and 77 Others; Applicant: Vathiswa Jack; Respondent: National Department of Public Works; Respondent: Sheriff of the Court
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
29 October 2020
Case Number
EL738/2020
Procedural Posture
Urgent Application / Final Determination After Joinder and Hearing
Outcome
Application granted in favour of the applicants; eviction declared unlawful; restoration and return of goods ordered; compensation issue postponed.
Judges
Hartle
Legal Topics
Unlawful Eviction, Prevention of Illegal Eviction Act, Section 26 Constitution, Joinder of Parties, Restoration of Possession, Compensation for Eviction
Land and Property Constitutional Law Civil Procedure Unlawful Eviction Prevention of Illegal Eviction Act Section 26 Constitution Joinder of Parties Restoration of Possession +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 16 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Simphiwe Fani and 77 Others

Applicant

Vathiswa Jack

Applicant

National Department of Public Works

Respondent

Sheriff of the Court

Respondent

Procedural Posture

Urgent Application / Final Determination After Joinder and Hearing

Legal Issues

  1. 1 Whether the applicants were unlawfully evicted from their homes by the demolition operation on 27 July 2020.
  2. 2 Whether the demolition of the applicants' homes was authorised by a valid court order or constituted arbitrary eviction.
  3. 3 Whether the applicants are entitled to restoration, reparation, and/or compensation as a result of the eviction.

Ratio Decidendi

The court found that the applicants were unlawfully evicted from their homes by the demolition operation carried out by the second respondent on the instructions of the first respondent. The evidence, including affidavits and photographic material, established that the demolished structures were occupied homes, and the respondents failed to provide a credible or detailed account to rebut this. The prior court order relied upon by the respondents did not authorise the eviction or demolition of occupied homes without due process under the PIE Act and section 26(3) of the Constitution. The demolition occurred without a court order specifically authorising eviction, and during the national...

Court Disposition

Application granted in favour of the applicants; eviction declared unlawful; restoration and return of goods ordered; compensation issue postponed.

Orders

  • The eviction of each applicant by the demolition of their homes on 27 July 2020 is declared unlawful.
  • Applicants are entitled to reconstituted restoration of their homes on a temporary basis pending finalisation of eviction proceedings.