Molatedi and Another v Lempe and Others (4236/2018) [2019] ZAFSHC 27 (14 March 2019)

Molatedi and Another v Lempe and Others (4236/2018) [2019] ZAFSHC 27 (14 March 2019)

The applicants proved ownership of the property through a registered title deed. The respondents failed to establish a valid defence to the eviction, as their alleged allocation and deed of sale from the municipality did not constitute legal title. The court found that all procedural requirements under the PIE Act were met, including proper notice and engagement with the municipality. The municipality offered alternative accommodation, and the eviction would not render the respondents homeless. The court exercised its discretion, finding it just and equitable to grant the eviction order, with sixty days afforded to the respondents to vacate. The applicants' affidavit was accepted as...

Citation
[2019] ZAFSHC 27
Parties
Applicant: Seiphemo Abraham Molatedi; Applicant: Gabaikangwe Sarah Nkhashu; Respondent: Nkgono Papadi Lempe; Respondent: All other occupants of the property Erf [...], Mangaung, District Bloemfontein, Free State Province; Respondent: Mangaung Local Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 March 2019
Case Number
4236/2018
Procedural Posture
Urgent Application / Eviction Application Under PIE Act; Opposed; Judgment Delivered After Oral Argument
Outcome
Eviction granted; respondents ordered to vacate within sixty days; costs awarded on magistrate scale.
Judges
Chesiwe
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Title Deed Evidence, Just and Equitable Eviction, Municipal Alternative Accommodation, Commissioner of Oaths Compliance
Land and Property Civil Procedure Administrative Law Prevention of Illegal Eviction Act Unlawful Occupation Title Deed Evidence Just and Equitable Eviction Municipal Alternative Accommodation +1 more

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Parties

Seiphemo Abraham Molatedi

Applicant

Gabaikangwe Sarah Nkhashu

Applicant

Nkgono Papadi Lempe

Respondent

All other occupants of the property Erf [...], Mangaung, District Bloemfontein, Free State Province

Respondent

Mangaung Local Municipality

Respondent

Procedural Posture

Urgent Application / Eviction Application Under PIE Act; Opposed; Judgment Delivered After Oral Argument

Legal Issues

  1. 1 Whether the respondents are unlawful occupiers of the applicants' property.
  2. 2 Whether it is just and equitable to order the eviction of the respondents and their minor children.
  3. 3 Whether the applicants' affidavit complies with the requirements for commissioning under the Oaths Act.

Ratio Decidendi

The applicants proved ownership of the property through a registered title deed. The respondents failed to establish a valid defence to the eviction, as their alleged allocation and deed of sale from the municipality did not constitute legal title. The court found that all procedural requirements under the PIE Act were met, including proper notice and engagement with the municipality. The municipality offered alternative accommodation, and the eviction would not render the respondents homeless. The court exercised its discretion, finding it just and equitable to grant the eviction order, with sixty days afforded to the respondents to vacate. The applicants' affidavit was accepted as...

Court Disposition

Eviction granted; respondents ordered to vacate within sixty days; costs awarded on magistrate scale.

Orders

  • The first and second respondents are ordered to vacate Erf [...], Mangaung, District Bloemfontein, Free State Province, on or before 14 May 2019.
  • The Sheriff is authorised, with or without the assistance of the South African Police Services, to evict the respondents and all other occupants and their movables from the property if they fail to vacate as ordered.