MC Denneboom Service Station CC and Another v Phayane (CCT 71/14) [2014] ZACC 29; 2015 (1) SA 54 (CC); 2014 (12) BCLR 1421 (CC) (3 October 2014)

MC Denneboom Service Station CC and Another v Phayane (CCT 71/14) [2014] ZACC 29; 2015 (1) SA 54 (CC); 2014 (12) BCLR 1421 (CC) (3 October 2014)

The Constitutional Court found that the High Court's order was ambiguous and potentially authorised the eviction of Mr Chiloane as a residential occupant without compliance with PIE, which would contravene section 26(3) of the Constitution. PIE protects unlawful occupiers' right to housing and requires compliance before eviction. The Court held that PIE does not apply to the eviction of juristic persons or commercial occupants, and the High Court's order was justified in respect of those persons. However, the order needed amendment to explicitly exclude Mr Chiloane as a residential occupant from its operation. The Court refused leave to appeal on all other grounds, finding them meritless,...

Citation
[2014] ZACC 29
Parties
Applicant: MC Denneboom Service Station CC; Applicant: Nola Elison Chiloane; Respondent: Molefe Ian Phayane
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
3 October 2014
Case Number
CCT 71/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Constitutional Court Following Dismissal by High Court and Supreme Court of Appeal.
Outcome
Leave to appeal refused except as to the amendment of the High Court's order; order amended to exclude eviction of residential occupants; no order as to costs.
Judges
Mogoeng, Moseneke, Cameron, Froneman, Jafta, Khampepe, Leeuw, Madlanga, Nkabinde, Van der Westhuizen, Zondo
Legal Topics
Prevention of Illegal Eviction Act, Section 26 Right to Housing, Eviction Procedure, Ownership Dispute, Amendment of Court Orders
Land and Property Constitutional Law Civil Procedure Prevention of Illegal Eviction Act Section 26 Right to Housing Eviction Procedure Ownership Dispute Amendment of Court Orders

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Parties

MC Denneboom Service Station CC

Applicant

Nola Elison Chiloane

Applicant

Molefe Ian Phayane

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Constitutional Court Following Dismissal by High Court and Supreme Court of Appeal.

Legal Issues

  1. 1 Does the High Court's order unlawfully authorise the eviction of a residential occupant without compliance with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE)?
  2. 2 Is the order ambiguous regarding the eviction of Mr Chiloane as a residential occupant?
  3. 3 Does PIE apply to the eviction of juristic persons and commercial occupants?

Ratio Decidendi

The Constitutional Court found that the High Court's order was ambiguous and potentially authorised the eviction of Mr Chiloane as a residential occupant without compliance with PIE, which would contravene section 26(3) of the Constitution. PIE protects unlawful occupiers' right to housing and requires compliance before eviction. The Court held that PIE does not apply to the eviction of juristic persons or commercial occupants, and the High Court's order was justified in respect of those persons. However, the order needed amendment to explicitly exclude Mr Chiloane as a residential occupant from its operation. The Court refused leave to appeal on all other grounds, finding them meritless,...

Court Disposition

Leave to appeal refused except as to the amendment of the High Court's order; order amended to exclude eviction of residential occupants; no order as to costs.

Orders

  • Leave to appeal is refused, except insofar as it relates to the amendment of the order granted by the North Gauteng High Court, Pretoria.
  • Paragraph 1 of the order of the High Court is set aside and replaced with: 'Ejecting MC Denneboom Service Station CC, and all those persons working for it or for Mr Nola Elison Chiloane, excluding Mr Nola Elison Chiloane as a residential occupant, and any other residential occupants, from Erf 22104, City of Tshwane...