Joubert v Pretorius and Others (7271/2019) [2021] ZAGPPHC 753 (27 October 2021)

Joubert v Pretorius and Others (7271/2019) [2021] ZAGPPHC 753 (27 October 2021)

The applicant is the registered owner of the property and the lease agreement with the respondents was lawfully terminated. The respondents failed to pay the agreed rental and municipal charges, did not provide guarantees to purchase the property, and remained in occupation unlawfully. The court found that all procedural and substantive requirements of the PIE Act were met. Given the first respondent's serious health issues, the caretaker role of the second respondent, and the respondents' arrangements to relocate in January 2022, the court determined that it was just and equitable to grant the eviction order but allow the respondents until 7 January 2022 to vacate. The applicant's...

Citation
[2021] ZAGPPHC 753
Parties
Applicant: Hendrik Wemeyer Joubert; Respondent: Jeanette Anna Pretorius; Respondent: Catharina Elizabeth Mienie; Respondent: City of Tshwane Metropolitan Municipality; Respondent: Stephanus Johannes Marthinus Pretorius; Respondent: All Other Unlawful Occupants Residing at [....], Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 October 2021
Case Number
7271/2019
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction order granted; respondents to vacate by 7 January 2022.
Judges
JF Barnardt
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Eviction Procedure, Just and Equitable Relief
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Eviction Procedure Just and Equitable Relief

Case Brief

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Parties

Hendrik Wemeyer Joubert

Applicant

Jeanette Anna Pretorius

Respondent

Catharina Elizabeth Mienie

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Stephanus Johannes Marthinus Pretorius

Respondent

All Other Unlawful Occupants Residing at [....], Pretoria

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to an eviction order under the Prevention of Illegal Eviction from and Unlawful Occupation Act.
  2. 2 Whether the respondents are unlawful occupiers following termination of the lease agreement.
  3. 3 What is a just and equitable date for the respondents to vacate the property, considering their personal circumstances.

Ratio Decidendi

The applicant is the registered owner of the property and the lease agreement with the respondents was lawfully terminated. The respondents failed to pay the agreed rental and municipal charges, did not provide guarantees to purchase the property, and remained in occupation unlawfully. The court found that all procedural and substantive requirements of the PIE Act were met. Given the first respondent's serious health issues, the caretaker role of the second respondent, and the respondents' arrangements to relocate in January 2022, the court determined that it was just and equitable to grant the eviction order but allow the respondents until 7 January 2022 to vacate. The applicant's...

Court Disposition

Eviction order granted; respondents to vacate by 7 January 2022.

Orders

  • The first, second and fourth respondents are evicted from the property.
  • The first, second and fourth respondents must vacate the property on or before Friday 7 January 2022.