Mayfin (Pty) Ltd v Mthembu and Others (2022/005801) [2022] ZAGPJHC 977 (6 December 2022)

Mayfin (Pty) Ltd v Mthembu and Others (2022/005801) [2022] ZAGPJHC 977 (6 December 2022)

The applicant, as the registered owner, is entitled to access its property for cleaning, renovation, and restoration of utilities, provided such access does not interfere with the respondents’ continued occupation pending the outcome of eviction proceedings and the City’s assessment of alternative accommodation. The respondents’ rights to dignity and privacy are recognized but are not absolute and must be balanced against the applicant’s property rights and the need to address hazardous living conditions. The evidence shows the property is unfit for human habitation, and the applicant’s relief is not a disguised eviction but a necessary intervention for health and safety. The order...

Citation
[2022] ZAGPJHC 977
Parties
Applicant: Mayfin (Pty) Ltd; Respondent: Nhlanhla Mthembu; Respondent: The occupiers of Erf 70, Doornfontein, 5 Davies Street, Doornfontein, Johannesburg; Respondent: All those interfering with applicant’s access, control and possession at 70 Doornfontein, 5 Davies Street, Doornfontein, Johannesburg; Respondent: Nature Levels Projects (Pty) Ltd; Respondent: City of Johannesburg Local Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 December 2022
Case Number
2022/005801
Procedural Posture
Urgent Application / Final Interdict Application Before High Court
Outcome
Application granted. The applicant is permitted unfettered access to the property for cleaning, renovation, and restoration of utilities, subject to safeguards for the respondents’ continued occupation pending finalization of eviction proceedings and the City’s assessment.
Judges
F Bezuidenhout
Legal Topics
Interdict, Right of Access, Unlawful Occupation, Pie Act, Dignity and Privacy, Eviction Proceedings
Land and Property Civil Procedure Constitutional Law Interdict Right of Access Unlawful Occupation Pie Act Dignity and Privacy +1 more

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Parties

Mayfin (Pty) Ltd

Applicant

Nhlanhla Mthembu

Respondent

The occupiers of Erf 70, Doornfontein, 5 Davies Street, Doornfontein, Johannesburg

Respondent

All those interfering with applicant’s access, control and possession at 70 Doornfontein, 5 Davies Street, Doornfontein, Johannesburg

Respondent

Nature Levels Projects (Pty) Ltd

Respondent

City of Johannesburg Local Municipality

Respondent

Procedural Posture

Urgent Application / Final Interdict Application Before High Court

Legal Issues

  1. 1 Whether the applicant is entitled to unfettered access to its property for cleaning, renovation, and restoration of utilities pending eviction proceedings.
  2. 2 Whether the respondents’ rights to dignity and privacy outweigh the applicant’s property rights and the need for health and safety compliance.
  3. 3 Whether the relief sought amounts to a disguised eviction circumventing the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act (PIE).

Ratio Decidendi

The applicant, as the registered owner, is entitled to access its property for cleaning, renovation, and restoration of utilities, provided such access does not interfere with the respondents’ continued occupation pending the outcome of eviction proceedings and the City’s assessment of alternative accommodation. The respondents’ rights to dignity and privacy are recognized but are not absolute and must be balanced against the applicant’s property rights and the need to address hazardous living conditions. The evidence shows the property is unfit for human habitation, and the applicant’s relief is not a disguised eviction but a necessary intervention for health and safety. The order...

Court Disposition

Application granted. The applicant is permitted unfettered access to the property for cleaning, renovation, and restoration of utilities, subject to safeguards for the respondents’ continued occupation pending finalization of eviction proceedings and the City’s assessment.

Orders

  • The applicant, its employees and agents are permitted unfettered access to Industry House, 5 Davies Street, Doornfontein (Erf 70) to clean the basement and conduct necessary renovations, including building toilets, bathrooms, and installing water pipes, sewage pipes, and fire extinguishers.
  • The applicant, its employees and agents are permitted to access the property to facilitate the supply of clean running water and legal electricity connections.