Sebigi v Strauss (LANC161/2024; LANC161/2024B) [2025] ZALCC 2 (15 January 2025)

Sebigi v Strauss (LANC161/2024; LANC161/2024B) [2025] ZALCC 2 (15 January 2025)

The Court found that the First Respondent's actions—removal of the roof, windows, and doors, disconnection of water and electricity, and installation of a disruptive alarm—constituted constructive eviction, violating the Applicant's rights under sections 5 and 6 of ESTA and section 26 of the Constitution. The evidence showed that the Applicant was an occupier entitled to ESTA protections and that the alternative accommodation offered was inadequate and undignified. The Court held that the Rental Housing Tribunal lacked jurisdiction over ESTA matters and its order for arrear rental was a nullity. The requirements for urgent eviction under section 15 of ESTA were not met, as there was no...

Citation
[2025] ZALCC 2
Parties
Applicant: August Matshidiso Sebigi; Respondent: Andries Jacobus Strauss; Respondent: Gauteng Rental Housing Tribunal; Respondent: Sheriff, Westonaria; Respondent: Magistrate, Westonaria; Respondent: Department of Agriculture, Land Reform and Rural Development; Respondent: Rand West City Local Municipality
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
15 January 2025
Case Number
LANC161/2024; LANC161/2024B
Procedural Posture
Urgent Application / Final Judgment After Oral Evidence and Consolidated Hearing
Outcome
Restoration application granted; urgent eviction application dismissed with costs.
Judges
Flatela
Legal Topics
Extension of Security of Tenure Act, Constructive Eviction, Restoration of Rights, Urgent Eviction, Suitable Alternative Accommodation, Review of Tribunal Decision
Land and Property Civil Procedure Administrative Law Extension of Security of Tenure Act Constructive Eviction Restoration of Rights Urgent Eviction Suitable Alternative Accommodation +1 more

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Parties

August Matshidiso Sebigi

Applicant

Andries Jacobus Strauss

Respondent

Gauteng Rental Housing Tribunal

Respondent

Sheriff, Westonaria

Respondent

Magistrate, Westonaria

Respondent

Department of Agriculture, Land Reform and Rural Development

Respondent

Rand West City Local Municipality

Respondent

Procedural Posture

Urgent Application / Final Judgment After Oral Evidence and Consolidated Hearing

Legal Issues

  1. 1 Whether the conduct of the First Respondent amounted to constructive eviction of the Applicant contrary to ESTA.
  2. 2 Whether the Applicant is entitled to restoration of residence and rights under section 14 of ESTA.
  3. 3 Whether the requirements for urgent eviction under section 15 of ESTA were met by the First Respondent.

Ratio Decidendi

The Court found that the First Respondent's actions—removal of the roof, windows, and doors, disconnection of water and electricity, and installation of a disruptive alarm—constituted constructive eviction, violating the Applicant's rights under sections 5 and 6 of ESTA and section 26 of the Constitution. The evidence showed that the Applicant was an occupier entitled to ESTA protections and that the alternative accommodation offered was inadequate and undignified. The Court held that the Rental Housing Tribunal lacked jurisdiction over ESTA matters and its order for arrear rental was a nullity. The requirements for urgent eviction under section 15 of ESTA were not met, as there was no...

Court Disposition

Restoration application granted; urgent eviction application dismissed with costs.

Orders

  • The First Respondent shall restore and replace all windows, window panes, and doors in the structure occupied by the Applicant and restore to the Applicant any other rights and resources previously enjoyed at 11 Acacia Avenue, Dennydale AH, Westonaria.
  • The order of the Gauteng Housing Tribunal is declared a nullity.