Mpume v Drakenstein Municipality and Another (128/2014) [2016] ZALCC 11 (24 June 2016)

Mpume v Drakenstein Municipality and Another (128/2014) [2016] ZALCC 11 (24 June 2016)

The applicant and his family were rendered homeless following eviction, and the Municipality conceded its obligation to provide temporary emergency accommodation under its own housing policy and the Constitution. The Municipality failed to provide evidence of lack of resources and did not plan for the applicant's foreseeable homelessness, despite categorizing him as a special needs person since 2014. The applicant established a prima facie right to interim relief, a well-grounded apprehension of irreparable harm, and the absence of a satisfactory alternative remedy. The balance of convenience favoured the applicant, as the Municipality's prejudice was unsubstantiated and the applicant's...

Citation
[2016] ZALCC 11
Parties
Applicant: Zanemvule Mpume; Respondent: Drakenstein Municipality; Respondent: Astral Operations Ltd T/A County Fair Foods
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
24 June 2016
Case Number
128/2014
Procedural Posture
Urgent Application / Application for Interim Relief and Joinder Pending Main Application
Outcome
Application for interim relief granted against the Municipality; Astral joined as second respondent in the main application.
Judges
Carelse, Yacoob
Legal Topics
Interim Interdict, Emergency Housing, Joinder of Parties, Municipal Obligations, Eviction, Constitutional Right to Housing
Land and Property Civil Procedure Constitutional Law Interim Interdict Emergency Housing Joinder of Parties Municipal Obligations Eviction +1 more

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Parties

Zanemvule Mpume

Applicant

Drakenstein Municipality

Respondent

Astral Operations Ltd T/A County Fair Foods

Respondent

Procedural Posture

Urgent Application / Application for Interim Relief and Joinder Pending Main Application

Legal Issues

  1. 1 Whether the applicant is entitled to interim emergency accommodation pending the determination of the main application.
  2. 2 Whether Astral Operations Ltd should be joined as a respondent in the main application.
  3. 3 Whether the Municipality has a constitutional and statutory obligation to provide temporary emergency housing to the applicant and his family after eviction.

Ratio Decidendi

The applicant and his family were rendered homeless following eviction, and the Municipality conceded its obligation to provide temporary emergency accommodation under its own housing policy and the Constitution. The Municipality failed to provide evidence of lack of resources and did not plan for the applicant's foreseeable homelessness, despite categorizing him as a special needs person since 2014. The applicant established a prima facie right to interim relief, a well-grounded apprehension of irreparable harm, and the absence of a satisfactory alternative remedy. The balance of convenience favoured the applicant, as the Municipality's prejudice was unsubstantiated and the applicant's...

Court Disposition

Application for interim relief granted against the Municipality; Astral joined as second respondent in the main application.

Orders

  • The Municipality is to provide temporary emergency housing for the applicant and all those who occupy under him pending the finalization of the main application.
  • Astral Operations Ltd T/A County Fair Foods is joined to the main application as the second respondent.