Kwababa and Another v Yandisa Investment Properties (Pty) Ltd and Others (2022/003687) [2024] ZAGPJHC 538 (6 June 2024)

Kwababa and Another v Yandisa Investment Properties (Pty) Ltd and Others (2022/003687) [2024] ZAGPJHC 538 (6 June 2024)

The court found that the applicants were not present nor represented when the eviction order was granted, and that there was no evidence the court actively engaged with their personal circumstances as required by PIE and constitutional jurisprudence. In the absence of written reasons for the order, the applicants' contention that the mandatory inquiry was not conducted must be accepted at a prima facie level. The applicants face imminent eviction, and without interim relief, their rescission application would be rendered academic. The requirements for an interim interdict are met: the applicants have a prima facie right to be evicted only in accordance with PIE, no alternative remedy...

Citation
[2024] ZAGPJHC 538
Parties
Applicant: Anele Kwababa; Applicant: All Other Occupiers of Unit 30 Door A3-06 Hill of Good Hope, 29 Looper Road, Erand Gardens Ext 106, Midrand; Respondent: Yandisa Investment Properties (Pty) Ltd; Respondent: The City of Johannesburg Metro Municipality; Respondent: The Sheriff of the High Court (Halfway House Alexandra)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 June 2024
Case Number
2022/003687
Procedural Posture
Urgent Application / Application for Interim Interdict Pending Rescission of Eviction Order
Outcome
Interim interdict granted restraining eviction pending final determination of rescission application.
Judges
Maenetje AJ
Legal Topics
Eviction Proceedings, Prevention of Illegal Eviction Act, Just and Equitable Standard, Rescission of Judgment, Urgent Interdict, Right to Housing
Land and Property Civil Procedure Constitutional Law Eviction Proceedings Prevention of Illegal Eviction Act Just and Equitable Standard Rescission of Judgment Urgent Interdict +1 more

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Parties

Anele Kwababa

Applicant

All Other Occupiers of Unit 30 Door A3-06 Hill of Good Hope, 29 Looper Road, Erand Gardens Ext 106, Midrand

Applicant

Yandisa Investment Properties (Pty) Ltd

Respondent

The City of Johannesburg Metro Municipality

Respondent

The Sheriff of the High Court (Halfway House Alexandra)

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Pending Rescission of Eviction Order

Legal Issues

  1. 1 Whether the application for interim interdict restraining eviction pending rescission is urgent.
  2. 2 Whether the applicants have established a prima facie case for interim relief.
  3. 3 Whether the eviction order was granted in the absence of the applicants and without proper inquiry into their personal circumstances as required by law.

Ratio Decidendi

The court found that the applicants were not present nor represented when the eviction order was granted, and that there was no evidence the court actively engaged with their personal circumstances as required by PIE and constitutional jurisprudence. In the absence of written reasons for the order, the applicants' contention that the mandatory inquiry was not conducted must be accepted at a prima facie level. The applicants face imminent eviction, and without interim relief, their rescission application would be rendered academic. The requirements for an interim interdict are met: the applicants have a prima facie right to be evicted only in accordance with PIE, no alternative remedy...

Court Disposition

Interim interdict granted restraining eviction pending final determination of rescission application.

Orders

  • Non-compliance with prescribed forms, manner of service and time frames is condoned in accordance with Rule 6(12) of the Uniform Rules of Court.
  • The first and third respondents, or anyone acting on their behalf, are interdicted and restrained from proceeding with execution of the eviction order granted on or about 19 March 2024 under case number 003687/2022, pending final determination of the rescission application.