For Real Chicks (Pty) Ltd and Another v Mount Carmel Farms (Pty) Ltd and Others (2021/47326) [2025] ZAGPJHC 15 (16 January 2025)

For Real Chicks (Pty) Ltd and Another v Mount Carmel Farms (Pty) Ltd and Others (2021/47326) [2025] ZAGPJHC 15 (16 January 2025)

The application for the 'first order prayed' is dismissed because the residents of the informal settlement, whose rights are directly affected, were not joined as parties to the proceedings. The applicants failed to establish a prima facie right to the 'second order prayed', as they lack standing to seek eviction under the PIE Act. The declaratory relief sought is refused because there is no live controversy; the respondents do not dispute the lack of compliance with SPLUMA, NBRA, or NEMA. Furthermore, the statutes relied upon are not intended to stigmatise informal settlements or facilitate their eradication. The amendment seeking a mandamus against the Municipality is not properly...

Citation
[2025] ZAGPJHC 15
Parties
Applicant: For Real Chicks (Pty) Ltd; Applicant: Demeter Wings (Pty) Ltd; Respondent: Mount Carmel Farms (Pty) Ltd; Respondent: City of Ekurhuleni Metropolitan Municipality; Respondent: MEC for Agriculture, Rural Development and Land Reform, Gauteng; Respondent: Minister for the Environment, Forestry and Fisheries; Respondent: Minister of Water and Sanitation; Respondent: MEC for Human Settlements, Gauteng
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 January 2025
Case Number
2021/47326
Procedural Posture
Civil Application / First Order Prayed (interim Declaratory and Interdictory Relief)
Outcome
Application for the 'first order prayed' dismissed with costs.
Judges
D J Wilson
Legal Topics
Informal Settlement Regulation, Declaratory Relief, Joinder of Parties, Prevention of Illegal Eviction Act, Environmental Nuisance, Constitutional Right to Housing
Land and Property Administrative Law Constitutional Law Informal Settlement Regulation Declaratory Relief Joinder of Parties Prevention of Illegal Eviction Act Environmental Nuisance +1 more

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Parties

For Real Chicks (Pty) Ltd

Applicant

Demeter Wings (Pty) Ltd

Applicant

Mount Carmel Farms (Pty) Ltd

Respondent

City of Ekurhuleni Metropolitan Municipality

Respondent

MEC for Agriculture, Rural Development and Land Reform, Gauteng

Respondent

Minister for the Environment, Forestry and Fisheries

Respondent

Minister of Water and Sanitation

Respondent

MEC for Human Settlements, Gauteng

Respondent

Procedural Posture

Civil Application / First Order Prayed (interim Declaratory and Interdictory Relief)

Legal Issues

  1. 1 Whether the applicants are entitled to declaratory relief regarding the legality of the informal settlement under SPLUMA, NBRA, and NEMA.
  2. 2 Whether the residents of the informal settlement should have been joined as parties to the proceedings.
  3. 3 Whether the applicants have a prima facie right to seek eviction or demolition of the informal settlement.

Ratio Decidendi

The application for the 'first order prayed' is dismissed because the residents of the informal settlement, whose rights are directly affected, were not joined as parties to the proceedings. The applicants failed to establish a prima facie right to the 'second order prayed', as they lack standing to seek eviction under the PIE Act. The declaratory relief sought is refused because there is no live controversy; the respondents do not dispute the lack of compliance with SPLUMA, NBRA, or NEMA. Furthermore, the statutes relied upon are not intended to stigmatise informal settlements or facilitate their eradication. The amendment seeking a mandamus against the Municipality is not properly...

Court Disposition

Application for the 'first order prayed' dismissed with costs.

Orders

  • The application for the 'first order prayed' is dismissed.
  • The applicants are directed to pay the respondents' costs.