Masike and Others v Red Ant Security Relocation and Eviction Services Proprietary Limited and Another (04238/2023) [2023] ZAGPJHC 1460 (18 December 2023)

Masike and Others v Red Ant Security Relocation and Eviction Services Proprietary Limited and Another (04238/2023) [2023] ZAGPJHC 1460 (18 December 2023)

The court found that the applicants were evicted from the property on 11 October 2023 without a valid court order, rendering the eviction unlawful and unconstitutional. The respondents failed to dispute the factual basis of the applicants' claims, and the first respondent participated in the eviction and demolition of homes. The municipality acknowledged its constitutional duties but failed to provide any substantiated explanation for its inability to offer emergency accommodation. The court held that constitutional rights to housing, dignity, and protection against arbitrary deprivation of property were infringed. Urgent relief was justified given the applicants' dire circumstances and...

Citation
[2023] ZAGPJHC 1460
Parties
Applicant: Chakenyane Jonas Masike; Applicant: Evictees of the Farm Quaggasfontein Alias Lapdoorns 548 Sebokeng, Gauteng (2nd to 19th Applicants); Respondent: Red Ant Security Relocation and Eviction Services Proprietary Limited; Respondent: Emfuleni Local Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 December 2023
Case Number
04238/2023
Procedural Posture
Urgent Application / Reasons for Order Following Urgent Application
Outcome
Application granted. The eviction was declared unlawful. Respondents ordered to restore applicants and provide emergency accommodation. Costs awarded jointly and severally against respondents.
Judges
Robin Pearse
Legal Topics
Unlawful Eviction, Right to Housing, Prevention of Illegal Eviction Act, Constitutional Damages, Municipal Obligations, Urgent Interdict
Constitutional Law Land and Property Civil Procedure Unlawful Eviction Right to Housing Prevention of Illegal Eviction Act Constitutional Damages Municipal Obligations +1 more

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Parties

Chakenyane Jonas Masike

Applicant

Evictees of the Farm Quaggasfontein Alias Lapdoorns 548 Sebokeng, Gauteng (2nd to 19th Applicants)

Applicant

Red Ant Security Relocation and Eviction Services Proprietary Limited

Respondent

Emfuleni Local Municipality

Respondent

Procedural Posture

Urgent Application / Reasons for Order Following Urgent Application

Legal Issues

  1. 1 Whether the eviction of the applicants from the property on 11 October 2023 was unlawful and unconstitutional.
  2. 2 Whether the respondents are obliged to restore the applicants to the property and provide emergency accommodation.
  3. 3 Whether the respondents are liable for the costs of the application.

Ratio Decidendi

The court found that the applicants were evicted from the property on 11 October 2023 without a valid court order, rendering the eviction unlawful and unconstitutional. The respondents failed to dispute the factual basis of the applicants' claims, and the first respondent participated in the eviction and demolition of homes. The municipality acknowledged its constitutional duties but failed to provide any substantiated explanation for its inability to offer emergency accommodation. The court held that constitutional rights to housing, dignity, and protection against arbitrary deprivation of property were infringed. Urgent relief was justified given the applicants' dire circumstances and...

Court Disposition

Application granted. The eviction was declared unlawful. Respondents ordered to restore applicants and provide emergency accommodation. Costs awarded jointly and severally against respondents.

Orders

  • Non-compliance with court rules condoned under rule 6(12)(a).
  • Eviction of applicants from the property on 11 October 2023 declared unlawful.