Mohlolou v Fakude and Another (68750/12) [2018] ZAGPPHC 364 (18 May 2018)

Mohlolou v Fakude and Another (68750/12) [2018] ZAGPPHC 364 (18 May 2018)

The court found that, by operation of section 7(3) of the Housing Amendment Act 4 of 2001, ownership of the property reverted to the provincial housing department upon the deceased vacating the property. Consequently, the property did not form part of the deceased's estate, and the applicant lacked locus standi to seek eviction. The alleged sale to the first respondent was invalid under section 7(1), and any rental received by the deceased was prohibited under section 7(4). The application for eviction was therefore dismissed.

Citation
[2018] ZAGPPHC 364
Parties
Applicant: Israel Samson Mohlolou; Respondent: Mandla Fakude; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 May 2018
Case Number
68750/12
Procedural Posture
Eviction Application / Opposed Motion Hearing
Outcome
Application dismissed with no order as to costs.
Judges
Nochumsohn
Legal Topics
State Subsidised Housing, Housing Amendment Act, Eviction, Locus Standi
Land and Property Civil Procedure State Subsidised Housing Housing Amendment Act Eviction Locus Standi

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Parties

Israel Samson Mohlolou

Applicant

Mandla Fakude

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Opposed Motion Hearing

Legal Issues

  1. 1 Whether the applicant has locus standi to seek eviction of the first respondent from the property registered in the name of the deceased.
  2. 2 Whether the alleged sale of the property to the first respondent is valid under the Housing Amendment Act 4 of 2001.
  3. 3 Whether the property forms part of the deceased's estate for purposes of eviction.

Ratio Decidendi

The court found that, by operation of section 7(3) of the Housing Amendment Act 4 of 2001, ownership of the property reverted to the provincial housing department upon the deceased vacating the property. Consequently, the property did not form part of the deceased's estate, and the applicant lacked locus standi to seek eviction. The alleged sale to the first respondent was invalid under section 7(1), and any rental received by the deceased was prohibited under section 7(4). The application for eviction was therefore dismissed.

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed with no order as to costs.