Ramakone and Others v City of Johannesburg and Another (2020/19611) [2023] ZAGPJHC 916 (15 August 2023)

Ramakone and Others v City of Johannesburg and Another (2020/19611) [2023] ZAGPJHC 916 (15 August 2023)

The court found that the eviction order was erroneously granted in the absence of most affected occupiers, as only two lay persons were permitted to attend the hearing and were not authorised to represent all applicants. The City failed to provide the court with a report on alternative accommodation and did not meaningfully engage with all residents, contrary to its constitutional and statutory obligations under the PIE Act and section 26(3) of the Constitution. The personal circumstances of the occupiers, including the presence of vulnerable persons, were not placed before the court, rendering the eviction order arbitrary. The applicants provided a reasonable explanation for their...

Citation
[2023] ZAGPJHC 916
Parties
Applicant: Diana Ramakone; Applicant: Further Unlawful Occupiers of the Farm Rietfontein 61 I.R, also known as the Fairmount Sports Club listed in annexure DR2; Respondent: City of Johannesburg; Respondent: Sheriff Johannesburg East
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 August 2023
Case Number
2020/19611
Procedural Posture
Rescission Application / Judgment on Application for Rescission and Related Relief
Outcome
The eviction order granted on 21 July 2021 is rescinded and set aside. Applicants are directed to deliver answering affidavits to the eviction application. The issue of confiscated goods is postponed sine die, with leave for supplementary affidavits. Costs of the rescission application are to be costs in the cause,...
Judges
PG Louw
Legal Topics
Prevention of Illegal Eviction Act, Right to Housing, Rescission of Judgment, Meaningful Engagement, Just and Equitable Eviction, Default Judgment Procedure
Land and Property Constitutional Law Civil Procedure Prevention of Illegal Eviction Act Right to Housing Rescission of Judgment Meaningful Engagement Just and Equitable Eviction +1 more

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Parties

Diana Ramakone

Applicant

Further Unlawful Occupiers of the Farm Rietfontein 61 I.R, also known as the Fairmount Sports Club listed in annexure DR2

Applicant

City of Johannesburg

Respondent

Sheriff Johannesburg East

Respondent

Procedural Posture

Rescission Application / Judgment on Application for Rescission and Related Relief

Legal Issues

  1. 1 Whether the eviction order granted on 21 July 2021 should be rescinded under rule 42(1)(a) or the common law.
  2. 2 Whether the eviction order was erroneously sought or granted in the absence of affected parties.
  3. 3 Whether the City complied with its constitutional and statutory obligations regarding meaningful engagement and provision of alternative accommodation.

Ratio Decidendi

The court found that the eviction order was erroneously granted in the absence of most affected occupiers, as only two lay persons were permitted to attend the hearing and were not authorised to represent all applicants. The City failed to provide the court with a report on alternative accommodation and did not meaningfully engage with all residents, contrary to its constitutional and statutory obligations under the PIE Act and section 26(3) of the Constitution. The personal circumstances of the occupiers, including the presence of vulnerable persons, were not placed before the court, rendering the eviction order arbitrary. The applicants provided a reasonable explanation for their...

Court Disposition

The eviction order granted on 21 July 2021 is rescinded and set aside. Applicants are directed to deliver answering affidavits to the eviction application. The issue of confiscated goods is postponed sine die, with leave for supplementary affidavits. Costs of the rescission application are to be costs in the cause,...

Orders

  • The eviction order granted on 21 July 2021 is rescinded and set aside.
  • Applicants must deliver answering affidavits to the eviction application within fifteen days of this order.