Hupp Properties (RF) (Pty) Ltd and Others v Moneni and Others (LCC308/2017) [2019] ZALCC 18 (10 May 2019)

Hupp Properties (RF) (Pty) Ltd and Others v Moneni and Others (LCC308/2017) [2019] ZALCC 18 (10 May 2019)

The court found that the applicants had lawfully terminated the respondents' right of residence following a disciplinary hearing for theft and subsequent settlement at the CCMA. Notices of termination were properly served, and the applicants made reasonable efforts to provide relocation packages and alternative accommodation, which the respondents refused. The respondents' conduct, including theft and false harassment charges, constituted a fundamental breach of the relationship, justifying eviction under ESTA. The court held that the applicants complied with all statutory requirements, and the balance of hardships favoured the applicants, who faced financial loss and inability to develop...

Citation
[2019] ZALCC 18
Parties
Applicant: Hupp Properties (RF) (Pty) Ltd; Applicant: GHB Farms (Pty) Ltd; Applicant: Gerard Hendrik Braak N.O.; Applicant: Charlotte Elizabeth Braak N.O.; Applicant: Gerard Hendrik Braak N.O. (Jnr); Applicant: Maitland Fiduciary Limited N.O. (OBO Michel Ungerer); Respondent: Madimabe David Moneni; Respondent: Pulema Mogidi Mbonani Moneni; Respondent: City of Tshwane Metropolitan Municipality; Respondent: Head of the Department of Rural Development and Land Reform, Gauteng
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
10 May 2019
Case Number
LCC308/2017
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction granted; counter application dismissed; no order as to costs.
Judges
Canca
Legal Topics
Extension of Security of Tenure Act, Eviction of Occupiers, Just and Equitable Eviction, Alternative Accommodation, Termination of Right of Residence, Constitutional Right to Housing
Land and Property Civil Procedure Constitutional Law Extension of Security of Tenure Act Eviction of Occupiers Just and Equitable Eviction Alternative Accommodation Termination of Right of Residence +1 more

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Parties

Hupp Properties (RF) (Pty) Ltd

Applicant

GHB Farms (Pty) Ltd

Applicant

Gerard Hendrik Braak N.O.

Applicant

Charlotte Elizabeth Braak N.O.

Applicant

Gerard Hendrik Braak N.O. (Jnr)

Applicant

Maitland Fiduciary Limited N.O. (OBO Michel Ungerer)

Applicant

Madimabe David Moneni

Respondent

Pulema Mogidi Mbonani Moneni

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Head of the Department of Rural Development and Land Reform, Gauteng

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the applicants have complied with the requirements for eviction under ESTA.
  2. 2 Whether the termination of the respondents' right of residence was just and equitable.
  3. 3 Whether suitable alternative accommodation must be provided to the respondents upon eviction.

Ratio Decidendi

The court found that the applicants had lawfully terminated the respondents' right of residence following a disciplinary hearing for theft and subsequent settlement at the CCMA. Notices of termination were properly served, and the applicants made reasonable efforts to provide relocation packages and alternative accommodation, which the respondents refused. The respondents' conduct, including theft and false harassment charges, constituted a fundamental breach of the relationship, justifying eviction under ESTA. The court held that the applicants complied with all statutory requirements, and the balance of hardships favoured the applicants, who faced financial loss and inability to develop...

Court Disposition

Eviction granted; counter application dismissed; no order as to costs.

Orders

  • The first and second respondents (and all persons occupying through them) are evicted from the first applicant's farm, Portion 118, a portion of Portion 15 of the farm Mooiplaats 367, Registration Division JR, Gauteng Province.
  • The first and second respondents are ordered to vacate the farm by not later than 12 August 2019 and to remove all possessions and movables, including livestock, on or before that date. Execution of the eviction order is suspended until 13 August 2019.