Seale and Another v City of Johannesburg Metropolitan Municipality and Another (Leave to Appeal) (2023-078684) [2023] ZAGPPHC 1149 (8 September 2023)

Seale and Another v City of Johannesburg Metropolitan Municipality and Another (Leave to Appeal) (2023-078684) [2023] ZAGPPHC 1149 (8 September 2023)

The court found that the 2017 order did not bind the applicants, as they were not parties to the original proceedings and the order cannot be used against future abstract classes of persons. The respondents' actions in demolishing occupied structures amounted to eviction, which requires a valid court order under section 26(3) of the Constitution and the Prevention of Illegal Eviction and Unlawful Occupation of Land Act. The relief granted, including monetary compensation for restoration, was appropriate under section 38 of the Constitution and did not constitute constitutional damages postponed to a later hearing. The grounds for leave to appeal did not raise reasonable prospects of...

Citation
[2023] ZAGPPHC 1149
Parties
Applicant: Nakampe Rector Seale; Applicant: The Rabie Ridge Community; Respondent: The City of Johannesburg Metropolitan Municipality; Respondent: MMC for Housing City of Johannesburg Metropolitan Municipality Anthea Natasha Leitch N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 September 2023
Case Number
2023-078684
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Urgent Application Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
WJ du Plessis
Legal Topics
Section 26 Eviction, Spoliation, Appropriate Relief, Leave to Appeal Standard, Interdicts, Constitutional Damages
Constitutional Law Land and Property Civil Procedure Section 26 Eviction Spoliation Appropriate Relief Leave to Appeal Standard Interdicts +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Nakampe Rector Seale

Applicant

The Rabie Ridge Community

Applicant

The City of Johannesburg Metropolitan Municipality

Respondent

MMC for Housing City of Johannesburg Metropolitan Municipality Anthea Natasha Leitch N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Urgent Application Judgment

Legal Issues

  1. 1 Whether the 2017 order binds the applicants and authorises the respondents to demolish occupied and unoccupied structures.
  2. 2 Whether the respondents' actions amounted to unlawful eviction contrary to section 26(3) of the Constitution.
  3. 3 Whether the relief granted, including monetary compensation, constitutes appropriate constitutional relief under section 38.

Ratio Decidendi

The court found that the 2017 order did not bind the applicants, as they were not parties to the original proceedings and the order cannot be used against future abstract classes of persons. The respondents' actions in demolishing occupied structures amounted to eviction, which requires a valid court order under section 26(3) of the Constitution and the Prevention of Illegal Eviction and Unlawful Occupation of Land Act. The relief granted, including monetary compensation for restoration, was appropriate under section 38 of the Constitution and did not constitute constitutional damages postponed to a later hearing. The grounds for leave to appeal did not raise reasonable prospects of...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed, with costs.