S.G.B v S.L.B (D951/2020) [2020] ZAKZDHC 67 (30 December 2020)

S.G.B v S.L.B (D951/2020) [2020] ZAKZDHC 67 (30 December 2020)

The court found that the applicant retained locus standi to seek the respondent's eviction from the matrimonial home, despite no longer being the registered owner, because his right arises from the marriage relationship and the duty to provide suitable accommodation pending divorce. The respondent's occupation is not unlawful under PIE, as her right to reside in the matrimonial home is sui generis and flows from her status as a spouse, not from ownership or possession. The applicant's tender of alternative accommodation, commensurate with the respondent's needs and at a rental not exceeding R30,000 per month, satisfies the requirement to safeguard her marital rights. The court exercised...

Citation
[2020] ZAKZDHC 67
Parties
Applicant: S.G.B; Respondent: S.L.B
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
30 December 2020
Case Number
D951/2020
Procedural Posture
Urgent Application / Application for Eviction Pending Divorce Proceedings
Outcome
Application granted. The respondent is ordered to vacate the matrimonial home by 31 January 2021. The applicant is to pay rental pendente lite for alternative accommodation up to R30,000 per month. No order as to costs.
Judges
Chetty
Legal Topics
Matrimonial Home Eviction, Rule 43 Maintenance, Suitable Alternative Accommodation, Locus Standi, Unlawful Occupier Definition, Application of Pie
Family and Children Civil Procedure Land and Property Matrimonial Home Eviction Rule 43 Maintenance Suitable Alternative Accommodation Locus Standi Unlawful Occupier Definition +1 more

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Parties

S.G.B

Applicant

S.L.B

Respondent

Procedural Posture

Urgent Application / Application for Eviction Pending Divorce Proceedings

Legal Issues

  1. 1 Whether the applicant has locus standi to seek eviction of the respondent from the matrimonial home after transfer of ownership.
  2. 2 Whether the respondent's occupation of the matrimonial home constitutes unlawful occupation under PIE.
  3. 3 Whether suitable alternative accommodation has been adequately tendered to the respondent.

Ratio Decidendi

The court found that the applicant retained locus standi to seek the respondent's eviction from the matrimonial home, despite no longer being the registered owner, because his right arises from the marriage relationship and the duty to provide suitable accommodation pending divorce. The respondent's occupation is not unlawful under PIE, as her right to reside in the matrimonial home is sui generis and flows from her status as a spouse, not from ownership or possession. The applicant's tender of alternative accommodation, commensurate with the respondent's needs and at a rental not exceeding R30,000 per month, satisfies the requirement to safeguard her marital rights. The court exercised...

Court Disposition

Application granted. The respondent is ordered to vacate the matrimonial home by 31 January 2021. The applicant is to pay rental pendente lite for alternative accommodation up to R30,000 per month. No order as to costs.

Orders

  • The respondent is directed to vacate the immovable property situated at 12 Woodchester Way, Cotswold Downs Estate, Hillcrest by not later than 31 January 2021.
  • The applicant is directed to pay to the respondent rental pendente lite on any property rented by the respondent, subject to a maximum amount of R30,000 per month with effect from 31 January 2021.