Malan v City of Cape Town (CCT 143/13) [2014] ZACC 25; 2014 (6) SA 315 (CC); 2014 (11) BCLR 1265 (CC) (18 September 2014)

Malan v City of Cape Town (CCT 143/13) [2014] ZACC 25; 2014 (6) SA 315 (CC); 2014 (11) BCLR 1265 (CC) (18 September 2014)

The Constitutional Court, by majority, held that while leave to appeal should be granted due to the constitutional and public interest issues raised, the appeal must be dismissed. The majority found that the City of Cape Town lawfully cancelled the lease agreement with Ms Malan after affording her notice and an opportunity to remedy her rental arrears, and that the evidence of ongoing illegal activities on the property justified cancellation and eviction. The Court determined that the lease clauses, when applied with procedural fairness and an opportunity to rectify breaches, are not unconstitutional. The City’s offer of alternative accommodation and the pressing need for public housing...

Citation
[2014] ZACC 25
Parties
Applicant: Johanna Malan; Respondent: City of Cape Town
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
18 September 2014
Case Number
CCT 143/13
Procedural Posture
Leave to Appeal / Final Judgment on Leave to Appeal and Merits
Outcome
Leave to appeal granted; appeal dismissed; no order as to costs.
Judges
Moseneke ACJ, Skweyiya ADCJ, Cameron J, Dambuza AJ, Froneman J, Jafta J, Khampepe J, Madlanga J, Majiedt AJ, Van der Westhuizen J, Zondo J
Legal Topics
Right of Access to Housing, Public Rental Housing, Eviction Proceedings, Procedural Fairness, Security of Tenure, Prevention of Illegal Eviction Act
Constitutional Law Land and Property Civil Procedure Right of Access to Housing Public Rental Housing Eviction Proceedings Procedural Fairness Security of Tenure +1 more

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Parties

Johanna Malan

Applicant

City of Cape Town

Respondent

Procedural Posture

Leave to Appeal / Final Judgment on Leave to Appeal and Merits

Legal Issues

  1. 1 Whether clauses 2, 24 and 28 of the public rental housing lease agreement are unconstitutional or contrary to public policy.
  2. 2 Whether the City of Cape Town was entitled to cancel the lease and evict Ms Malan based on alleged breaches.
  3. 3 Whether Ms Malan was afforded a proper opportunity to rectify any breach before cancellation.

Ratio Decidendi

The Constitutional Court, by majority, held that while leave to appeal should be granted due to the constitutional and public interest issues raised, the appeal must be dismissed. The majority found that the City of Cape Town lawfully cancelled the lease agreement with Ms Malan after affording her notice and an opportunity to remedy her rental arrears, and that the evidence of ongoing illegal activities on the property justified cancellation and eviction. The Court determined that the lease clauses, when applied with procedural fairness and an opportunity to rectify breaches, are not unconstitutional. The City’s offer of alternative accommodation and the pressing need for public housing...

Court Disposition

Leave to appeal granted; appeal dismissed; no order as to costs.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.