Goodfind Properties (Pty) Ltd v Blake and Others (12653/2022) [2023] ZAWCHC 183 (28 July 2023)

Goodfind Properties (Pty) Ltd v Blake and Others (12653/2022) [2023] ZAWCHC 183 (28 July 2023)

The court found that the City of Cape Town failed to comply with its constitutional and statutory obligations to provide a proper and detailed report on alternative accommodation for the occupiers. The City's report was based on incorrect facts, did not address the special vulnerabilities of the occupiers, and offered only conditional emergency shelter material without meaningful alternatives. The court held that it could not proceed with the eviction application until the City provided a comprehensive report addressing the occupiers' circumstances, the availability of alternative accommodation or land, and the steps taken to mediate the matter. The application was postponed to allow the...

Citation
[2023] ZAWCHC 183
Parties
Applicant: Goodfind Properties (Pty) Ltd; Respondent: John Derrick Blake; Respondent: All Occupants of the Property Situated at 701 Sakabula Flats, Sakabula Circle, Ruyterwacht, Western Cape Province; Respondent: The City of Cape Town Municipality
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
28 July 2023
Case Number
12653/2022
Procedural Posture
Urgent Application / Postponement Pending Further Report From Municipality
Outcome
Application postponed pending further report from the City of Cape Town; costs reserved.
Judges
K Hofmeyr
Legal Topics
Prevention of Illegal Eviction Act, Municipal Obligations, Right to Housing, Judicial Management of Evictions, Vulnerable Occupiers, Alternative Accommodation
Land and Property Constitutional Law Civil Procedure Prevention of Illegal Eviction Act Municipal Obligations Right to Housing Judicial Management of Evictions Vulnerable Occupiers +1 more

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Parties

Goodfind Properties (Pty) Ltd

Applicant

John Derrick Blake

Respondent

All Occupants of the Property Situated at 701 Sakabula Flats, Sakabula Circle, Ruyterwacht, Western Cape Province

Respondent

The City of Cape Town Municipality

Respondent

Procedural Posture

Urgent Application / Postponement Pending Further Report From Municipality

Legal Issues

  1. 1 Whether the City of Cape Town complied with its constitutional and statutory obligations to provide a proper report on alternative accommodation for the occupiers facing eviction.
  2. 2 Whether the eviction of the occupiers would result in homelessness, given their age, disabilities, and lack of alternative accommodation.
  3. 3 Whether the court can proceed with the eviction application in light of the inadequacies in the City's report.

Ratio Decidendi

The court found that the City of Cape Town failed to comply with its constitutional and statutory obligations to provide a proper and detailed report on alternative accommodation for the occupiers. The City's report was based on incorrect facts, did not address the special vulnerabilities of the occupiers, and offered only conditional emergency shelter material without meaningful alternatives. The court held that it could not proceed with the eviction application until the City provided a comprehensive report addressing the occupiers' circumstances, the availability of alternative accommodation or land, and the steps taken to mediate the matter. The application was postponed to allow the...

Court Disposition

Application postponed pending further report from the City of Cape Town; costs reserved.

Orders

  • The application is postponed to Friday, 22 September 2023 at 10am or so soon thereafter as the matter may be called.
  • The applicant is directed to serve this order, the answering affidavit, and a copy of this judgment on the third respondent at the office of the City Manager by no later than 3 August 2023.