Masawi and Another v Sekele and Others (2018/37942) [2019] ZAGPJHC 358 (6 September 2019)

Masawi and Another v Sekele and Others (2018/37942) [2019] ZAGPJHC 358 (6 September 2019)

The Respondents failed to pay rental as required by the lease agreements and did not provide credible evidence of property defects or justification for withholding payment. The Applicants followed due process in terminating the leases and serving notices. The Respondents' claim of potential homelessness was unsupported by evidence. The court found no basis for specific performance or rental reduction, and determined that eviction was just and equitable under section 4(6) of the Act, considering all relevant circumstances.

Citation
[2019] ZAGPJHC 358
Parties
Applicant: Tayengwa Masawi; Applicant: Irene Rumbidzai Masawi; Respondent: Lerato L. Sekele; Respondent: Bawinile Mbokane; Respondent: Mokgadi M. Mathabathe; Respondent: Kebone E. Sekele; Respondent: Maria Seleke; Respondent: City of Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 September 2019
Case Number
2018/37942
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction granted; Respondents ordered to vacate property by 29 November 2019; costs awarded against Respondents.
Judges
E Dreyer
Legal Topics
Eviction, Prevention of Illegal Eviction Act, Lease Agreement, Arrear Rental, Just and Equitable Eviction
Land and Property Civil Procedure Eviction Prevention of Illegal Eviction Act Lease Agreement Arrear Rental Just and Equitable Eviction

Case Brief

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Parties

Tayengwa Masawi

Applicant

Irene Rumbidzai Masawi

Applicant

Lerato L. Sekele

Respondent

Bawinile Mbokane

Respondent

Mokgadi M. Mathabathe

Respondent

Kebone E. Sekele

Respondent

Maria Seleke

Respondent

City of Johannesburg

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the First to Fifth Respondents are unlawful occupiers of the property and liable to eviction.
  2. 2 Whether the eviction is just and equitable under section 4(6) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.
  3. 3 Whether the Respondents' complaints about the condition of the property justify withholding rental or resisting eviction.

Ratio Decidendi

The Respondents failed to pay rental as required by the lease agreements and did not provide credible evidence of property defects or justification for withholding payment. The Applicants followed due process in terminating the leases and serving notices. The Respondents' claim of potential homelessness was unsupported by evidence. The court found no basis for specific performance or rental reduction, and determined that eviction was just and equitable under section 4(6) of the Act, considering all relevant circumstances.

Court Disposition

Eviction granted; Respondents ordered to vacate property by 29 November 2019; costs awarded against Respondents.

Orders

  • The First to Fifth Respondents are evicted from the property situated at [...] Street, Booysens, Portion 3 of Erf [...], Booysens Township, Registration Division IR, Gauteng.
  • The First to Fifth Respondents must vacate the property by no later than 29 November 2019.