Mtolo and Another v Lombard and Others (CCT 269/21) [2021] ZACC 39; 2022 (9) BCLR 1148 (CC) (8 November 2021)

Mtolo and Another v Lombard and Others (CCT 269/21) [2021] ZACC 39; 2022 (9) BCLR 1148 (CC) (8 November 2021)

The Constitutional Court found that the High Court erred in striking the applicants' urgent application from the roll, given the demonstrable urgency and the severe impact on the applicants' constitutional rights to housing, dignity, and basic education. The Court held that the respondents had not complied with the High Court's order to restore the home to a state fit for human habitation, as the repairs to the roof were inadequate and posed safety risks. The Court interpreted the original order to require not only the replacement of the roof but also the rectification of any defects integral to making the house habitable. The respondents were ordered to effect proper repairs, and the...

Citation
[2021] ZACC 39
Parties
Applicant: Alias Mtolo; Applicant: Maneheng Mtolo; Respondent: Theunis Christoffel Lombard; Respondent: Minister of Police; Respondent: Jacobus Hunter; Respondent: Maria Helentje Lombard
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
8 November 2021
Case Number
CCT 269/21
Procedural Posture
Leave to Appeal / Appeal From High Court Order Striking Urgent Application From the Roll
Outcome
Appeal upheld; High Court order striking the application from the roll set aside; respondents ordered to repair the applicants' home and matter remitted for supervision.
Judges
Madlanga, Madondo AJ, Majiedt, Mhlantla, Pillay AJ, Rogers AJ, Tlaletsi AJ, Tshiqi
Legal Topics
Right to Housing, Urgent Application, Judicial Remedies, Eviction, Dignity, Basic Education Rights
Constitutional Law Land and Property Civil Procedure Right to Housing Urgent Application Judicial Remedies Eviction Dignity +1 more

Case Brief

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Parties

Alias Mtolo

Applicant

Maneheng Mtolo

Applicant

Theunis Christoffel Lombard

Respondent

Minister of Police

Respondent

Jacobus Hunter

Respondent

Maria Helentje Lombard

Respondent

Procedural Posture

Leave to Appeal / Appeal From High Court Order Striking Urgent Application From the Roll

Legal Issues

  1. 1 Whether the High Court erred in striking the applicants' urgent application from the roll for lack of urgency.
  2. 2 Whether the respondents complied with the High Court order to restore the applicants' home to a state fit for human habitation.
  3. 3 Whether the applicants' constitutional rights to housing, dignity, and basic education were violated by the respondents' conduct.

Ratio Decidendi

The Constitutional Court found that the High Court erred in striking the applicants' urgent application from the roll, given the demonstrable urgency and the severe impact on the applicants' constitutional rights to housing, dignity, and basic education. The Court held that the respondents had not complied with the High Court's order to restore the home to a state fit for human habitation, as the repairs to the roof were inadequate and posed safety risks. The Court interpreted the original order to require not only the replacement of the roof but also the rectification of any defects integral to making the house habitable. The respondents were ordered to effect proper repairs, and the...

Court Disposition

Appeal upheld; High Court order striking the application from the roll set aside; respondents ordered to repair the applicants' home and matter remitted for supervision.

Orders

  • Leave to appeal directly to the Constitutional Court is granted.
  • The appeal is upheld and the High Court order striking the application from the roll for lack of urgency is set aside.