Saloojee and Another v The Unlawful Occupiers of Erf 10742 (10410/2019) [2021] ZAGPJHC 730 (8 June 2021)

Saloojee and Another v The Unlawful Occupiers of Erf 10742 (10410/2019) [2021] ZAGPJHC 730 (8 June 2021)

The applicants have established ownership of the property and the respondents are unlawful occupiers who did not seek permission to occupy or erect dwellings. The PIE Act requires the court to consider whether eviction is just and equitable, taking into account the personal circumstances of the occupiers and the availability of alternative accommodation. The City of Johannesburg's assessment revealed that neither Mr Maluleke nor Ms Twala would be rendered homeless by eviction, as both have family homes or the financial means to secure rental accommodation. The court found no constitutional obligation on the City to provide temporary emergency accommodation in these circumstances....

Citation
[2021] ZAGPJHC 730
Parties
Applicant: Farouk Saloojee; Applicant: Fatima Rashid Saloojee; Respondent: The Unlawful Occupiers of Erf 10742 Lenasia Extension 13 Township; Respondent: City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 June 2021
Case Number
10410/2019
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction order granted against the unlawful occupiers; costs awarded to the applicants.
Judges
Kuny
Legal Topics
Prevention of Illegal Eviction Act, Section 26 Right to Housing, Just and Equitable Eviction, Temporary Emergency Accommodation, Unlawful Occupation, Balancing of Rights
Land and Property Civil Procedure Constitutional Law Prevention of Illegal Eviction Act Section 26 Right to Housing Just and Equitable Eviction Temporary Emergency Accommodation Unlawful Occupation +1 more

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Parties

Farouk Saloojee

Applicant

Fatima Rashid Saloojee

Applicant

The Unlawful Occupiers of Erf 10742 Lenasia Extension 13 Township

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the applicants have established ownership of the property and a right to seek eviction.
  2. 2 Whether the occupation by the respondents is unlawful under the PIE Act.
  3. 3 Whether eviction would be just and equitable considering the personal circumstances of the occupiers and the constitutional right to housing.

Ratio Decidendi

The applicants have established ownership of the property and the respondents are unlawful occupiers who did not seek permission to occupy or erect dwellings. The PIE Act requires the court to consider whether eviction is just and equitable, taking into account the personal circumstances of the occupiers and the availability of alternative accommodation. The City of Johannesburg's assessment revealed that neither Mr Maluleke nor Ms Twala would be rendered homeless by eviction, as both have family homes or the financial means to secure rental accommodation. The court found no constitutional obligation on the City to provide temporary emergency accommodation in these circumstances....

Court Disposition

Eviction order granted against the unlawful occupiers; costs awarded to the applicants.

Orders

  • Victor Maluleke, Phumzile Elizabeth Twala, and all other persons occupying Erf 10742 Extension 13, Lenasia, must vacate the property on or before 16 July 2021.
  • If the unlawful occupiers do not vacate by the specified date, the Sheriff or Deputy is authorised to evict them from the property.