Msibi v Occupiers of Unit and Another (55038/2022) [2023] ZAGPPHC 1194 (22 September 2023)

Msibi v Occupiers of Unit and Another (55038/2022) [2023] ZAGPPHC 1194 (22 September 2023)

The court found that there are reasonable prospects that another court may reach a different conclusion regarding the dismissal of the eviction application, particularly in relation to the assessment of whether it was just and equitable to grant an eviction order. The existence of conflicting judgments on the effect of the municipality's failure to provide a report on alternative accommodation constitutes a compelling reason to grant leave to appeal. The court was persuaded that the grounds raised by the applicant, including the balancing of ownership rights and the impact of homelessness, warrant consideration by a higher court. The application for leave to appeal was therefore granted...

Citation
[2023] ZAGPPHC 1194
Parties
Applicant: Sandile Percival Msibi; Respondent: Occupiers of Unit; Respondent: City of Johannesburg Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 September 2023
Case Number
55038/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Eviction Application
Outcome
Leave to appeal granted to the Full Bench of the Division; costs to be costs in the appeal.
Judges
Mncube
Legal Topics
Leave to Appeal, Eviction Proceedings, Pie Act, Right to Housing, Judicial Discretion, Costs Award
Civil Procedure Land and Property Constitutional Law Leave to Appeal Eviction Proceedings Pie Act Right to Housing Judicial Discretion +1 more

Case Brief

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Parties

Sandile Percival Msibi

Applicant

Occupiers of Unit

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Eviction Application

Legal Issues

  1. 1 Whether there are reasonable prospects of success for the appeal against the dismissal of the eviction application.
  2. 2 Whether the requirements of section 4 of the PIE Act were properly applied.
  3. 3 Whether the failure of the municipality to provide a report on alternative accommodation was fatal to the eviction application.

Ratio Decidendi

The court found that there are reasonable prospects that another court may reach a different conclusion regarding the dismissal of the eviction application, particularly in relation to the assessment of whether it was just and equitable to grant an eviction order. The existence of conflicting judgments on the effect of the municipality's failure to provide a report on alternative accommodation constitutes a compelling reason to grant leave to appeal. The court was persuaded that the grounds raised by the applicant, including the balancing of ownership rights and the impact of homelessness, warrant consideration by a higher court. The application for leave to appeal was therefore granted...

Court Disposition

Leave to appeal granted to the Full Bench of the Division; costs to be costs in the appeal.

Orders

  • Application for leave to appeal succeeds.
  • The applicant is granted leave to appeal to the Full Bench of this Division.