Le Roux N.O and Others v J.J.B and Others (10535/24) [2025] ZAWCHC 118 (17 March 2025)

Le Roux N.O and Others v J.J.B and Others (10535/24) [2025] ZAWCHC 118 (17 March 2025)

The court found that the respondents occupied the property under a lease agreement which was lawfully cancelled by the Trust. The respondents failed to establish any lawful right to remain, and their claims regarding municipal housing and a verbal promise of indefinite occupation were unsubstantiated. The Municipality confirmed that the respondents did not qualify for emergency accommodation or housing subsidies. The respondents' household income exceeded the threshold for indigent support, and no special needs were established. While the eviction would impact the respondents' children, the rights of the Trust as property owner must be respected. The respondents are unlawful occupiers,...

Citation
[2025] ZAWCHC 118
Parties
Applicant: Hermanus Lambertus Le Roux NO; Applicant: Helius Le Roux NO; Applicant: Johanna Dalena Treurnicht NO; Respondent: J[...] J[...] B[...]; Respondent: S[...] B[...]; Respondent: The occupiers of Erf 5[...], Van Wyksvlei, Wellington through or under 1st and 2nd respondent; Respondent: Drakenstein Local Municipality
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
17 March 2025
Case Number
10535/24
Procedural Posture
Eviction Application / Opposed Motion; Judgment After Hearing
Outcome
Eviction order granted against the respondents; costs awarded against 1st and 2nd respondents jointly and severally.
Judges
Thulare
Legal Topics
Unlawful Occupation, Eviction Order, Rental Housing Act, Prevention of Illegal Eviction Act
Land and Property Civil Procedure Unlawful Occupation Eviction Order Rental Housing Act Prevention of Illegal Eviction Act

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Parties

Hermanus Lambertus Le Roux NO

Applicant

Helius Le Roux NO

Applicant

Johanna Dalena Treurnicht NO

Applicant

J[...] J[...] B[...]

Respondent

S[...] B[...]

Respondent

The occupiers of Erf 5[...], Van Wyksvlei, Wellington through or under 1st and 2nd respondent

Respondent

Drakenstein Local Municipality

Respondent

Procedural Posture

Eviction Application / Opposed Motion; Judgment After Hearing

Legal Issues

  1. 1 Whether the respondents are unlawful occupiers of the property.
  2. 2 Whether the lease agreement was validly cancelled by the Trust.
  3. 3 Whether the respondents qualify for emergency accommodation from the Municipality.

Ratio Decidendi

The court found that the respondents occupied the property under a lease agreement which was lawfully cancelled by the Trust. The respondents failed to establish any lawful right to remain, and their claims regarding municipal housing and a verbal promise of indefinite occupation were unsubstantiated. The Municipality confirmed that the respondents did not qualify for emergency accommodation or housing subsidies. The respondents' household income exceeded the threshold for indigent support, and no special needs were established. While the eviction would impact the respondents' children, the rights of the Trust as property owner must be respected. The respondents are unlawful occupiers,...

Court Disposition

Eviction order granted against the respondents; costs awarded against 1st and 2nd respondents jointly and severally.

Orders

  • The 1st respondent, 2nd respondent and all those occupying through or under them are ordered to vacate Erf 5[...], Van Wyksvlei, Wellington situated at 5[...] S[...] Way, Van Wyksvlei, Wellington on or before 30 June 2025.
  • Should the 1st respondent, 2nd respondent and any of those occupying through or under them fail to vacate the property on or before 30 June 2025, the Sheriff or his or her Deputy are authorized to evict them on 06 July 2025.