Michael and Others v Trustees of the Govender Family Trust (AR571/20) [2020] ZAKZPHC 74 (27 November 2020)

Michael and Others v Trustees of the Govender Family Trust (AR571/20) [2020] ZAKZPHC 74 (27 November 2020)

The court found that the appellants failed to establish any legal right to occupy the property, as their claim was based solely on their late mother's purported entitlement, which was unsupported by evidence. The Trust proved ownership and the appellants were unlawful occupiers under PIE. The magistrate erred by not considering all relevant circumstances under s 4(7) of PIE, but the affidavits contained sufficient information for the court to make a just and equitable determination. The appellants did not provide evidence of attempts to secure alternative accommodation or their financial circumstances, despite having ample opportunity. Balancing the Trust's property rights and the...

Citation
[2020] ZAKZPHC 74
Parties
Appellant: Albert Michael; Appellant: Other Occupiers; Respondent: Trustees of the Govender Family Trust
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
27 November 2020
Case Number
AR571/20
Procedural Posture
Civil Appeal / Appeal Against Eviction Order From Magistrates Court
Outcome
Appeal dismissed except as set out in the substituted order; eviction order confirmed with extended period for compliance.
Judges
Gorven, Chetty
Legal Topics
Unlawful Occupation, Eviction Proceedings, Prevention of Illegal Eviction Act, Just and Equitable Test, Constitutional Property Rights
Land and Property Civil Procedure Constitutional Law Unlawful Occupation Eviction Proceedings Prevention of Illegal Eviction Act Just and Equitable Test Constitutional Property Rights

Case Brief

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Parties

Albert Michael

Appellant

Other Occupiers

Appellant

Trustees of the Govender Family Trust

Respondent

Procedural Posture

Civil Appeal / Appeal Against Eviction Order From Magistrates Court

Legal Issues

  1. 1 Whether the appellants are unlawful occupiers under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE).
  2. 2 Whether the magistrate erred by failing to consider all relevant circumstances under s 4(7) of PIE before granting the eviction order.
  3. 3 Whether it is just and equitable to order the eviction of the appellants and those occupying under and through them from the property.

Ratio Decidendi

The court found that the appellants failed to establish any legal right to occupy the property, as their claim was based solely on their late mother's purported entitlement, which was unsupported by evidence. The Trust proved ownership and the appellants were unlawful occupiers under PIE. The magistrate erred by not considering all relevant circumstances under s 4(7) of PIE, but the affidavits contained sufficient information for the court to make a just and equitable determination. The appellants did not provide evidence of attempts to secure alternative accommodation or their financial circumstances, despite having ample opportunity. Balancing the Trust's property rights and the...

Court Disposition

Appeal dismissed except as set out in the substituted order; eviction order confirmed with extended period for compliance.

Orders

  • The appeal is dismissed except as set out in paragraph 2.
  • The order of the court a quo is substituted: The first respondent, and all who occupy under and through him the property described as Lot 1812, Marburg, Port Shepstone, KwaZulu-Natal, are directed and ordered to vacate the property by no later than 30 January 2021.