Rex and Others v Mnister of Defence and Military Veterans and Others (22663/2018) [2018] ZAGPPHC 348 (9 May 2018)

Rex and Others v Mnister of Defence and Military Veterans and Others (22663/2018) [2018] ZAGPPHC 348 (9 May 2018)

The court found that the applicants, although unlawful occupiers under Defence policy, had been permitted to reside in Marievale Military Base for years due to state inaction and oversight. Their eviction by the respondents, conducted without a court order and under the guise of a military training exercise, violated section 26(3) of the Constitution and their right to dignity. The respondents' reliance on Defence Act policy did not justify bypassing due legal process. The applicants were entitled to restoration of occupation or, where not possible, to adequate alternative accommodation pending lawful eviction proceedings. The respondents were restrained from further harassment or...

Citation
[2018] ZAGPPHC 348
Parties
Applicant: Wilhelmina Hendrina Rex; Applicant: Other Marievale Residents; Respondent: Minister of Defence and Military Veterans; Respondent: South African National Defence Force; Respondent: Officer Commanding Marievale Engineering Regiment
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 May 2018
Case Number
22663/2018
Procedural Posture
Urgent Application / Judgment Delivered After Urgent Application for Restoration of Occupation and Interdict
Outcome
Application granted in part: restoration of occupation or provision of alternative accommodation ordered; interdict against harassment; costs awarded to applicants.
Judges
N Davis
Legal Topics
Eviction Without Court Order, Section 26 Right to Housing, Unlawful Occupation, Military Base Residence, Interdict Relief, Prevention of Illegal Eviction Act
Constitutional Law Land and Property Civil Procedure Eviction Without Court Order Section 26 Right to Housing Unlawful Occupation Military Base Residence Interdict Relief +1 more

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Parties

Wilhelmina Hendrina Rex

Applicant

Other Marievale Residents

Applicant

Minister of Defence and Military Veterans

Respondent

South African National Defence Force

Respondent

Officer Commanding Marievale Engineering Regiment

Respondent

Procedural Posture

Urgent Application / Judgment Delivered After Urgent Application for Restoration of Occupation and Interdict

Legal Issues

  1. 1 Whether the applicants were unlawfully evicted from Marievale Military Base without a court order.
  2. 2 Whether the respondents breached the applicants' constitutional rights under section 26(3) and section 10.
  3. 3 Whether the applicants are entitled to restoration of occupation or alternative accommodation pending lawful eviction proceedings.

Ratio Decidendi

The court found that the applicants, although unlawful occupiers under Defence policy, had been permitted to reside in Marievale Military Base for years due to state inaction and oversight. Their eviction by the respondents, conducted without a court order and under the guise of a military training exercise, violated section 26(3) of the Constitution and their right to dignity. The respondents' reliance on Defence Act policy did not justify bypassing due legal process. The applicants were entitled to restoration of occupation or, where not possible, to adequate alternative accommodation pending lawful eviction proceedings. The respondents were restrained from further harassment or...

Court Disposition

Application granted in part: restoration of occupation or provision of alternative accommodation ordered; interdict against harassment; costs awarded to applicants.

Orders

  • Respondents must, within 30 days, allow applicants and their dependants occupation of premises in Marievale Military Base for residential purposes.
  • Where specific state quarters are unfit or occupied by SANDF members, respondents must provide temporary adequate alternative accommodation.