Seale and Others v City of Johannesburg Metropolitan Municipality and Another (2023/078684) [2023] ZAGPPHC 754 (25 August 2023)

Seale and Others v City of Johannesburg Metropolitan Municipality and Another (2023/078684) [2023] ZAGPPHC 754 (25 August 2023)

The court found that the Applicants were unlawfully evicted and their homes demolished by the Respondents without a valid court order, in direct contravention of section 26(3) of the Constitution and PIE. The Respondents' reliance on a 2017 interdict against unidentified persons could not justify ongoing evictions...

Source-derived case information.

Citation
[2023] ZAGPPHC 754
Parties
Applicant: Nakampe Rector Seale; Applicant: The Rabie Ridge Community; Respondent: 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
25 August 2023
Case Number
2023/078684
Procedural Posture
Urgent Application / Final Urgent Application for Constitutional and Spoliation Relief
Outcome
Application granted. The Respondents are ordered to restore possession and reconstruct shelters or pay compensation, and are interdicted from further evictions or harassment without a court order. Costs awarded on attorney and own client scale.
Judges
WJ du Plessis
Legal Topics
Right to Housing, Unlawful Eviction, Mandament Van Spolie, Prevention of Illegal Eviction Act, Constitutional Damages, Interdict Relief
Constitutional Law Land and Property Civil Procedure Right to Housing Unlawful Eviction Mandament Van Spolie Prevention of Illegal Eviction Act Constitutional Damages +1 more

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Parties

Nakampe Rector Seale

Applicant

The Rabie Ridge Community

Applicant

City of Johannesburg Metropolitan Municipality

Respondent

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

Respondent

Procedural Posture

Urgent Application / Final Urgent Application for Constitutional and Spoliation Relief

Legal Issues

  1. 1 Whether the Respondents unlawfully evicted the Applicants and demolished their homes without a court order in contravention of section 26(3) of the Constitution and PIE.
  2. 2 Whether the Applicants are entitled to restoration of possession and reconstruction of their shelters under the mandament van spolie and constitutional remedies.
  3. 3 Whether the 2017 interdict relied upon by the Respondents can justify ongoing evictions and demolitions against identified occupiers.

Ratio Decidendi

The court found that the Applicants were unlawfully evicted and their homes demolished by the Respondents without a valid court order, in direct contravention of section 26(3) of the Constitution and PIE. The Respondents' reliance on a 2017 interdict against unidentified persons could not justify ongoing evictions against the present, identified Applicants. The evidence, including photographs, videos, and in loco inspection, established that the Applicants had peaceful and undisturbed possession, and the Respondents' actions amounted to spoliation. The Applicants are entitled to restoration of possession and reconstruction of their shelters, or monetary compensation if restoration is not...

Court Disposition

Application granted. The Respondents are ordered to restore possession and reconstruct shelters or pay compensation, and are interdicted from further evictions or harassment without a court order. Costs awarded on attorney and own client scale.

Orders

  • Non-compliance with court rules is condoned; matter heard on urgent basis.
  • Evictions by Respondents at Farm Allandale are declared unlawful and unconstitutional.