Katshwa and Others v Cape Town Community Housing Company (Pty) Ltd; Peter and Others v Cape Town Community Housing Company (Pty) Ltd; Mgugusha and Others v Cape Town Community Housing Company (Pty) Ltd; Johannes and Others v Cape Town Community Housing Company (Pty) Ltd Nginda and Others v Cape Town Community Housing Company (Pty) Ltd (A264-2012; A263-2012; A261-2012; A262-2912; A265-2012) [2013] ZAWCHC 214; 2014 (2) SA 128 (WCC) (3 September 2013)

Katshwa and Others v Cape Town Community Housing Company (Pty) Ltd; Peter and Others v Cape Town Community Housing Company (Pty) Ltd; Mgugusha and Others v Cape Town Community Housing Company (Pty) Ltd; Johannes and Others v Cape Town Community Housing Company (Pty) Ltd Nginda and Others v Cape Town Community Housing Company (Pty) Ltd (A264-2012; A263-2012; A261-2012; A262-2912; A265-2012) [2013] ZAWCHC 214; 2014 (2) SA 128 (WCC) (3 September 2013)

The court held that the respondent, Cape Town Community Housing Company (Pty) Ltd, is a private company and does not qualify as 'the State' under section 4 of the Alienation of Land Act. Therefore, Chapter II of the Act, including the requirement for recordal of contracts under section 20, applies. The respondent failed to record the Instalment Purchase Agreements as required, and in terms of section 26, was not entitled to receive any payment from the appellants. Consequently, the appellants could not be in breach of the agreements, and the respondent's purported cancellation and subsequent eviction proceedings were invalid. The appeals were upheld, and the eviction orders set aside.

Citation
[2013] ZAWCHC 214
Parties
Appellant: Ndileka Constance Katshwa; Appellant: Leon Katshwa; Appellant: All adult males and females unlawfully occupying 55 Dabula Crescent, Loyoloville, Gugulethu; Appellant: Xoliswa Cynthia Peter; Appellant: Erman Peter; Appellant: Nozibele Joyce Mgugusha; Appellant: Nceba Ernest Mgugusha; Appellant: Cerova Johannes; Appellant: Mervyn John Johannes; Appellant: Veronica Sizwe Nginda; Appellant: Mxolisi Frank Nginda; Respondent: Cape Town Community Housing Company (Pty) Limited
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
3 September 2013
Case Number
A264-2012; A263-2012; A261-2012; A262-2912; A265-2012
Procedural Posture
Civil Appeal / Appeal From Magistrates Court Orders for Eviction
Outcome
Appeals upheld; Magistrates Court eviction orders set aside.
Judges
Steyn, Dlodlo
Legal Topics
Alienation of Land Act, Recordal of Contract, Eviction Proceedings, Statutory Interpretation, Consumer Protection
Land and Property Civil Procedure Alienation of Land Act Recordal of Contract Eviction Proceedings Statutory Interpretation Consumer Protection

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Parties

Ndileka Constance Katshwa

Appellant

Leon Katshwa

Appellant

All adult males and females unlawfully occupying 55 Dabula Crescent, Loyoloville, Gugulethu

Appellant

Xoliswa Cynthia Peter

Appellant

Erman Peter

Appellant

Nozibele Joyce Mgugusha

Appellant

Nceba Ernest Mgugusha

Appellant

Cerova Johannes

Appellant

Mervyn John Johannes

Appellant

Veronica Sizwe Nginda

Appellant

Mxolisi Frank Nginda

Appellant

Cape Town Community Housing Company (Pty) Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrates Court Orders for Eviction

Legal Issues

  1. 1 Whether the respondent was entitled to receive payment under the Instalment Purchase Agreements (IPAs) without recordal as required by section 20 of the Alienation of Land Act.
  2. 2 Whether the respondent, a private company, qualifies as 'the State' under section 4 of the Alienation of Land Act, thereby exempting it from Chapter II requirements.
  3. 3 Whether the cancellation of the IPAs and subsequent eviction orders were valid in law.

Ratio Decidendi

The court held that the respondent, Cape Town Community Housing Company (Pty) Ltd, is a private company and does not qualify as 'the State' under section 4 of the Alienation of Land Act. Therefore, Chapter II of the Act, including the requirement for recordal of contracts under section 20, applies. The respondent failed to record the Instalment Purchase Agreements as required, and in terms of section 26, was not entitled to receive any payment from the appellants. Consequently, the appellants could not be in breach of the agreements, and the respondent's purported cancellation and subsequent eviction proceedings were invalid. The appeals were upheld, and the eviction orders set aside.

Court Disposition

Appeals upheld; Magistrates Court eviction orders set aside.

Orders

  • The applications for eviction are dismissed.
  • The respondent is ordered to pay the costs of the applications.