Goosen and Others v Mont Chevaux Trust (148/2015) [2017] ZASCA 89 (6 June 2017)

Goosen and Others v Mont Chevaux Trust (148/2015) [2017] ZASCA 89 (6 June 2017)

The Supreme Court of Appeal held that the Land Claims Court was correct to confirm the eviction order in respect of the first to sixteenth appellants, as the requirements of ESTA had been met and the appellants' conduct justified eviction. The court found that, although there was technical non-compliance with certain notice provisions, the substantive purpose of the statutory requirements had been achieved and the appellants had effective opportunity to make representations. The court emphasized that the municipality has a constitutional obligation to provide emergency accommodation to those rendered homeless by eviction. Accordingly, the execution of the eviction order was suspended for...

Citation
[2017] ZASCA 89
Parties
Appellant: Tina Goosen; Appellant: Piet Goosen; Appellant: Barend Tieties; Appellant: Dirk Titus; Appellant: Katrina (Kathy) Pietersen; Appellant: Ryno Pietersen; Appellant: Adriaan Agulhas; Appellant: Agnes van der Westhuizen; Appellant: Daantjie van der Westhuizen; Appellant: Elsa van der Westhuizen; Appellant: Jacobus Julies; Appellant: Johanna van der Westhuizen; Appellant: Abraham (Apie) Spannenberg; Appellant: Jana Spannenberg; Appellant: Adriaan van der Westhuizen; Appellant: Jana van der Westhuizen; Appellant: David van der Westhuizen; Appellant: Drakenstein Municipality; Appellant: Minister of Land Affairs; Respondent: The Mont Chevaux Trust (IT 2012/28)
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
6 June 2017
Case Number
148/2015
Procedural Posture
Civil Appeal / Appeal From Land Claims Court Automatic Review
Outcome
Appeal succeeds only to the extent that execution of the eviction order is postponed and the municipality is ordered to provide emergency accommodation.
Judges
Shongwe, Ponnan, Petse, Mbha, Van der Merwe
Legal Topics
Extension of Security of Tenure Act, Eviction Procedure, Municipal Obligations, Emergency Housing, Automatic Review, Constitutional Right to Housing
Land and Property Constitutional Law Civil Procedure Extension of Security of Tenure Act Eviction Procedure Municipal Obligations Emergency Housing Automatic Review +1 more

Case Brief

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Parties

Tina Goosen

Appellant

Piet Goosen

Appellant

Barend Tieties

Appellant

Dirk Titus

Appellant

Katrina (Kathy) Pietersen

Appellant

Ryno Pietersen

Appellant

Adriaan Agulhas

Appellant

Agnes van der Westhuizen

Appellant

Daantjie van der Westhuizen

Appellant

Elsa van der Westhuizen

Appellant

Jacobus Julies

Appellant

Johanna van der Westhuizen

Appellant

Abraham (Apie) Spannenberg

Appellant

Jana Spannenberg

Appellant

Adriaan van der Westhuizen

Appellant

Jana van der Westhuizen

Appellant

David van der Westhuizen

Appellant

Drakenstein Municipality

Appellant

Minister of Land Affairs

Appellant

The Mont Chevaux Trust (IT 2012/28)

Respondent

Procedural Posture

Civil Appeal / Appeal From Land Claims Court Automatic Review

Legal Issues

  1. 1 Whether the Land Claims Court correctly confirmed the eviction order under ESTA.
  2. 2 Whether statutory notice requirements for eviction were complied with.
  3. 3 Whether the municipality is constitutionally obliged to provide emergency accommodation to the evictees.

Ratio Decidendi

The Supreme Court of Appeal held that the Land Claims Court was correct to confirm the eviction order in respect of the first to sixteenth appellants, as the requirements of ESTA had been met and the appellants' conduct justified eviction. The court found that, although there was technical non-compliance with certain notice provisions, the substantive purpose of the statutory requirements had been achieved and the appellants had effective opportunity to make representations. The court emphasized that the municipality has a constitutional obligation to provide emergency accommodation to those rendered homeless by eviction. Accordingly, the execution of the eviction order was suspended for...

Court Disposition

Appeal succeeds only to the extent that execution of the eviction order is postponed and the municipality is ordered to provide emergency accommodation.

Orders

  • The order of the Land Claims Court is altered to confirm the eviction order in respect of the first to sixteenth appellants.
  • Execution of the eviction order is suspended for 90 days from the date of this order.