Mamelodi Hostels Residents Association and Others v City of Tshwane and Others (69345/2009) [2010] ZAGPPHC 575 (4 February 2010)

Mamelodi Hostels Residents Association and Others v City of Tshwane and Others (69345/2009) [2010] ZAGPPHC 575 (4 February 2010)

The court found that the first respondent unlawfully deprived the applicants of possession of Block J Mamelodi Hostels by commencing demolition while they were still in occupation and without their consent. The agreements referenced by the respondent did not entitle it to proceed with demolition absent the...

Source-derived case information.

Citation
[2010] ZAGPPHC 575
Parties
Applicant: Mamelodi Hostels Residents Association; Applicant: Daniel Sello; Applicant: Those persons listed in Annexure A; Respondent: City of Tshwane; Respondent: Minister of Safety and Security; Respondent: Commissioner of Police; Respondent: MEC for Human Settlement, Gauteng; Respondent: Station Commissioner for Mamelodi Police Station; Respondent: Municipal Manager of Tshwane, Mr Kibe Kekana; Respondent: Mapule Phora; Respondent: Yvonne Matjokane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 February 2010
Case Number
69345/2009
Procedural Posture
Urgent Application / Return Date of Rule Nisi and Contempt Application
Outcome
Rule nisi confirmed; contempt application dismissed with costs.
Judges
Omar
Legal Topics
Mandament Van Spolie, Eviction Order Requirement, Urgent Interdict, Locus Standi, Contempt of Court
Civil Procedure Land and Property Mandament Van Spolie Eviction Order Requirement Urgent Interdict Locus Standi Contempt of Court

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Parties

Mamelodi Hostels Residents Association

Applicant

Daniel Sello

Applicant

Those persons listed in Annexure A

Applicant

City of Tshwane

Respondent

Minister of Safety and Security

Respondent

Commissioner of Police

Respondent

MEC for Human Settlement, Gauteng

Respondent

Station Commissioner for Mamelodi Police Station

Respondent

Municipal Manager of Tshwane, Mr Kibe Kekana

Respondent

Mapule Phora

Respondent

Yvonne Matjokane

Respondent

Procedural Posture

Urgent Application / Return Date of Rule Nisi and Contempt Application

Legal Issues

  1. 1 Whether the first respondent's actions constituted unlawful spoliation of the applicants' possession of Block J Mamelodi Hostels.
  2. 2 Whether the applicants consented to the demolition of the hostel structures.
  3. 3 Whether the applicants had locus standi to bring the application.

Ratio Decidendi

The court found that the first respondent unlawfully deprived the applicants of possession of Block J Mamelodi Hostels by commencing demolition while they were still in occupation and without their consent. The agreements referenced by the respondent did not entitle it to proceed with demolition absent the applicants' approval. The provision of alternative accommodation was irrelevant to the lawfulness of the deprivation. The applicants established locus standi through mandates and supporting documents. The rule nisi granted on 16 November 2009 was confirmed. The contempt application was dismissed due to improper service and misjoinder, as additional respondents were not properly joined...

Court Disposition

Rule nisi confirmed; contempt application dismissed with costs.

Orders

  • The rule nisi granted by this court on 16 November 2009 is hereby confirmed.
  • The first respondent is ordered to pay the costs of this application on an attorney and client scale, including the costs of two counsel.