Marialdo Tre (Pty) Ltd v Dlamini and Others (45617/2017) [2019] ZAGPJHC 299 (23 August 2019)

Marialdo Tre (Pty) Ltd v Dlamini and Others (45617/2017) [2019] ZAGPJHC 299 (23 August 2019)

The court found that the respondents were in unlawful occupation of the applicant's property and that eviction was warranted. The eviction order must be final in nature and not conditional upon the City providing temporary emergency accommodation, as the obligation to provide housing rests with the municipality, not the property owner. However, the date of eviction should be linked to the provision of accommodation by the City to ensure a just and equitable outcome. The City is required to provide temporary emergency accommodation to the occupiers by a specified date before eviction, and the eviction is to take place at the end of February 2020. The City may re-approach the court if...

Citation
[2019] ZAGPJHC 299
Parties
Applicant: Marialdo Tre (Pty) Ltd; Respondent: Mathanda Dlamini; Respondent: Bonisile Nomsa Dlamini; Respondent: Senzo Noble Majola; Respondent: Simangele Cheryl Khoza; Respondent: Patrick Phikeleunkosi Mkhize; Respondent: Richard Zwakushiwo Mkhize; Respondent: Thabane Ngubane; Respondent: Sanele Siyabonga Zuma; Respondent: Simon Mbophiseni Ngubane; Respondent: Buhle Nkanyiso; Respondent: Johannes Chikota; Respondent: Mduduzi Lucky Mkize; Respondent: Skhumbuzo Zungu; Respondent: Siphamandla Sedrick Zuma; Respondent: Sibongile Ellen Mntungwa; Respondent: Emmanuel Nkosinathi Dlamini; Respondent: Jabulani Pius Mchunu; Respondent: Bonisiwe Mnukwa; Respondent: City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 August 2019
Case Number
45617/2017
Procedural Posture
Eviction Application / Judgment
Outcome
Eviction granted; respondents and all persons occupying through them ordered to vacate by 28 February 2020. City of Johannesburg ordered to provide temporary emergency accommodation by 14 February 2020. No costs order made.
Judges
H Van Eeden
Legal Topics
Unlawful Occupation, Eviction Proceedings, Temporary Emergency Accommodation, Section 26 Right to Housing, Just and Equitable Order, Municipal Obligations
Land and Property Constitutional Law Civil Procedure Unlawful Occupation Eviction Proceedings Temporary Emergency Accommodation Section 26 Right to Housing Just and Equitable Order +1 more

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Parties

Marialdo Tre (Pty) Ltd

Applicant

Mathanda Dlamini

Respondent

Bonisile Nomsa Dlamini

Respondent

Senzo Noble Majola

Respondent

Simangele Cheryl Khoza

Respondent

Patrick Phikeleunkosi Mkhize

Respondent

Richard Zwakushiwo Mkhize

Respondent

Thabane Ngubane

Respondent

Sanele Siyabonga Zuma

Respondent

Simon Mbophiseni Ngubane

Respondent

Buhle Nkanyiso

Respondent

Johannes Chikota

Respondent

Mduduzi Lucky Mkize

Respondent

Skhumbuzo Zungu

Respondent

Siphamandla Sedrick Zuma

Respondent

Sibongile Ellen Mntungwa

Respondent

Emmanuel Nkosinathi Dlamini

Respondent

Jabulani Pius Mchunu

Respondent

Bonisiwe Mnukwa

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the respondents' occupation of the applicant's property is unlawful and warrants eviction.
  2. 2 Whether the eviction order should be conditional upon the City providing temporary emergency accommodation (TEA).
  3. 3 What is a just and equitable date and terms for eviction under section 26 of the Constitution.

Ratio Decidendi

The court found that the respondents were in unlawful occupation of the applicant's property and that eviction was warranted. The eviction order must be final in nature and not conditional upon the City providing temporary emergency accommodation, as the obligation to provide housing rests with the municipality, not the property owner. However, the date of eviction should be linked to the provision of accommodation by the City to ensure a just and equitable outcome. The City is required to provide temporary emergency accommodation to the occupiers by a specified date before eviction, and the eviction is to take place at the end of February 2020. The City may re-approach the court if...

Court Disposition

Eviction granted; respondents and all persons occupying through them ordered to vacate by 28 February 2020. City of Johannesburg ordered to provide temporary emergency accommodation by 14 February 2020. No costs order made.

Orders

  • The listed respondents and all persons occupying through them are ordered to vacate the property by 28 February 2020, failing which the sheriff is authorised to evict them.
  • The City of Johannesburg is directed to notify the occupiers in writing of the nature and location of accommodation to be provided by 7 February 2020.