IJ Steenkamp N.O v LH Moeti (3894/2019) [2021] ZAFSHC 137 (29 April 2021)

IJ Steenkamp N.O v LH Moeti (3894/2019) [2021] ZAFSHC 137 (29 April 2021)

The applicant has locus standi by virtue of his appointment under section 18(3) of the Administration of Estates Act. However, the deceased's will expressly provides that the property must remain the sole estate of the Moeti generation and cannot be sold or form part of the heirs' estates. The first respondent occupies the property with the authorisation of Moeti family elders, consistent with customary law and the deceased's intentions. The court found that the first respondent is not an unlawful occupier under PIE, as his occupation is sanctioned by those in control of the property and aligns with the deceased's wishes. The applicant failed to prove that the first respondent's...

Citation
[2021] ZAFSHC 137
Parties
Applicant: Izak Jacob Steenkamp N.O; Respondent: Letsego Hudson Moeti; Respondent: Any Other Occupiers of Erf 7205, Mangaung, Free State Province; Respondent: Mangaung Metropolitan Municipality; Respondent: Master of the Free State High Court
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 April 2021
Case Number
3894/2019
Procedural Posture
Urgent Application / Judgment
Outcome
Application dismissed with costs.
Judges
C.S. Parks
Legal Topics
Prevention of Illegal Eviction Act, Administration of Estates Act, Customary Law Rights, Locus Standi, Will Interpretation
Land and Property Civil Procedure Prevention of Illegal Eviction Act Administration of Estates Act Customary Law Rights Locus Standi Will Interpretation

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Parties

Izak Jacob Steenkamp N.O

Applicant

Letsego Hudson Moeti

Respondent

Any Other Occupiers of Erf 7205, Mangaung, Free State Province

Respondent

Mangaung Metropolitan Municipality

Respondent

Master of the Free State High Court

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the eviction application.
  2. 2 Whether the first respondent is an unlawful occupier under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE).
  3. 3 Whether the deceased's will precludes eviction and sale of the property.

Ratio Decidendi

The applicant has locus standi by virtue of his appointment under section 18(3) of the Administration of Estates Act. However, the deceased's will expressly provides that the property must remain the sole estate of the Moeti generation and cannot be sold or form part of the heirs' estates. The first respondent occupies the property with the authorisation of Moeti family elders, consistent with customary law and the deceased's intentions. The court found that the first respondent is not an unlawful occupier under PIE, as his occupation is sanctioned by those in control of the property and aligns with the deceased's wishes. The applicant failed to prove that the first respondent's...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.