Hlatswayo and Another v Mathabathe and Others (29569/2015) [2015] ZAGPPHC 669 (17 September 2015)

Hlatswayo and Another v Mathabathe and Others (29569/2015) [2015] ZAGPPHC 669 (17 September 2015)

The court found that the applicants are the lawful owners of the property, having purchased it from the duly appointed executor. The respondents' allegations of fraud regarding the executor's appointment and the sale of the property are not matters for this court to decide in the context of eviction proceedings; such issues must be raised in the appropriate forum. The respondents failed to raise a valid defence under the PIE Act, and all procedural requirements for eviction were satisfied. The court held that the respondents are in unlawful occupation and that it is just and equitable to grant the eviction order, with due consideration for the statutory requirements and the rights of all...

Citation
[2015] ZAGPPHC 669
Parties
Applicant: Frank Albert Hlatshwayo; Applicant: Maryjane Ntombizodwa Hlatshwayo; Respondent: Gilbert Kleinboy Mathabathe; Respondent: All Unlawful Occupiers of Erf 1967 Block H, Soshanguve; Respondent: The City of Tshwane Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 September 2015
Case Number
29569/2015
Procedural Posture
Urgent Application / Eviction Application Under PIE Act
Outcome
Eviction order granted against the first respondent and all other unlawful occupiers; costs awarded against the first respondent.
Judges
Mali
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Eviction Procedure, Law of Succession
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Eviction Procedure Law of Succession

Case Brief

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Parties

Frank Albert Hlatshwayo

Applicant

Maryjane Ntombizodwa Hlatshwayo

Applicant

Gilbert Kleinboy Mathabathe

Respondent

All Unlawful Occupiers of Erf 1967 Block H, Soshanguve

Respondent

The City of Tshwane Municipality

Respondent

Procedural Posture

Urgent Application / Eviction Application Under PIE Act

Legal Issues

  1. 1 Whether the respondents are in unlawful occupation of the property and liable to eviction under the PIE Act.
  2. 2 Whether the respondents have raised a valid defence to resist eviction.
  3. 3 Whether procedural requirements under section 4 of the PIE Act have been satisfied.

Ratio Decidendi

The court found that the applicants are the lawful owners of the property, having purchased it from the duly appointed executor. The respondents' allegations of fraud regarding the executor's appointment and the sale of the property are not matters for this court to decide in the context of eviction proceedings; such issues must be raised in the appropriate forum. The respondents failed to raise a valid defence under the PIE Act, and all procedural requirements for eviction were satisfied. The court held that the respondents are in unlawful occupation and that it is just and equitable to grant the eviction order, with due consideration for the statutory requirements and the rights of all...

Court Disposition

Eviction order granted against the first respondent and all other unlawful occupiers; costs awarded against the first respondent.

Orders

  • The first respondent and all other occupants who occupy the property at 1967 Block H, Soshanguve, Gauteng Province by virtue of the first respondent's occupation are ordered to vacate the property on or before 15 October 2015; the sheriff is authorised to remove structures from the property.
  • If the first respondent and all those who occupy the property fail or refuse to vacate by the ordered date, the Sheriff or Deputy is authorised to enter the property from 8h00 on 16 October 2015 or thereafter to evict them.