Madullammoho Housing Association (Pty) Ltd v Mbambo and Others; In re: Madullammoho Housing Association (Pty) Ltd v Mbambo and Others (MEC for Human Settlement and Local Government, Gauteng Province (Interested Party)) (2016/16069) [2016] ZAGPJHC 285 (28 June 2016)

Madullammoho Housing Association (Pty) Ltd v Mbambo and Others; In re: Madullammoho Housing Association (Pty) Ltd v Mbambo and Others (MEC for Human Settlement and Local Government, Gauteng Province (Interested Party)) (2016/16069) [2016] ZAGPJHC 285 (28 June 2016)

The court found that the respondents' conduct in frustrating lawful eviction orders, resorting to self-help, and denying the applicant access to its property constituted exceptional circumstances under s 18 of the Superior Courts Act. The applicant, a non-profit social housing provider, demonstrated irreparable harm due to substantial financial losses, inability to recover costs, and risk to its entire housing portfolio. The respondents failed to provide credible evidence of irreparable harm, as their alleged homelessness was a consequence of their own conduct and they possessed the financial means to secure alternative accommodation. The court concluded that the applicant met both...

Citation
[2016] ZAGPJHC 285
Parties
Applicant: Madullammoho Housing Association (Pty) Ltd; Respondent: Mbambo, Ayanda and 56 Others; Respondent: MEC for Human Settlements & Local Government, Gauteng Province
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 June 2016
Case Number
2016/16069
Procedural Posture
Urgent Application / Application Under S 18(3) of the Superior Courts Act for Interlocutory Order Pending Appeal
Outcome
Application granted. The spoliation order is declared effective and enforceable pending finalisation of the application for leave to appeal and any subsequent appeal.
Judges
F Kathree-Setiloane
Legal Topics
Superior Courts Act Section 18, Spoliation, Urgent Interdict, Eviction, Prevention of Illegal Eviction Act, Rental Boycott
Civil Procedure Land and Property Superior Courts Act Section 18 Spoliation Urgent Interdict Eviction Prevention of Illegal Eviction Act Rental Boycott

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Parties

Madullammoho Housing Association (Pty) Ltd

Applicant

Mbambo, Ayanda and 56 Others

Respondent

MEC for Human Settlements & Local Government, Gauteng Province

Respondent

Procedural Posture

Urgent Application / Application Under S 18(3) of the Superior Courts Act for Interlocutory Order Pending Appeal

Legal Issues

  1. 1 Whether exceptional circumstances exist justifying the execution of the spoliation order pending appeal.
  2. 2 Whether the applicant will suffer irreparable harm if the order is not made executable.
  3. 3 Whether the respondents will suffer irreparable harm if the order is made executable.

Ratio Decidendi

The court found that the respondents' conduct in frustrating lawful eviction orders, resorting to self-help, and denying the applicant access to its property constituted exceptional circumstances under s 18 of the Superior Courts Act. The applicant, a non-profit social housing provider, demonstrated irreparable harm due to substantial financial losses, inability to recover costs, and risk to its entire housing portfolio. The respondents failed to provide credible evidence of irreparable harm, as their alleged homelessness was a consequence of their own conduct and they possessed the financial means to secure alternative accommodation. The court concluded that the applicant met both...

Court Disposition

Application granted. The spoliation order is declared effective and enforceable pending finalisation of the application for leave to appeal and any subsequent appeal.

Orders

  • The order of Fisher AJ under case number 2016/16069 is declared to be effective and enforceable pending finalisation of the application for leave to appeal to the Supreme Court of Appeal, and if leave is granted, pending the finalisation of that appeal or any subsequent appeal.
  • The respondents are ordered to pay the costs of this application jointly and severally, the one paying the other to be absolved.