Shevel v Alson Development Sea Point (Pty) Ltd and Another (A77/2020) [2021] ZAWCHC 7; [2021] 2 All SA 260 (WCC) (27 January 2021)

Shevel v Alson Development Sea Point (Pty) Ltd and Another (A77/2020) [2021] ZAWCHC 7; [2021] 2 All SA 260 (WCC) (27 January 2021)

The court found that the appellant was in unlawful occupation of the property, having defaulted on rental payments and after lawful cancellation of the lease. The Magistrate's assessment of the appellant's financial position, while incorrectly describing hand-outs from friends as earnings, was not a material misdirection. The appellant had failed to take reasonable steps to secure alternative accommodation and had enjoyed a year of rent-free occupation. His claims of personal safety risks and imminent homelessness were unsupported by concrete evidence and did not warrant indefinite suspension of the eviction order. The lockdown regulations did not require further delay, as the appellant...

Citation
[2021] ZAWCHC 7
Parties
Appellant: Daniel Shevel; Respondent: Alson Development Sea Point (Pty) Ltd; Respondent: The City of Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
27 January 2021
Case Number
A77/2020
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Eviction Order
Outcome
Appeal dismissed; eviction order confirmed with new date for vacating premises; costs awarded against appellant.
Judges
P.A.L. Gamble, B.P. Mantame
Legal Topics
Eviction, Prevention of Illegal Eviction Act, Unlawful Occupation, Just and Equitable Order, Lockdown Regulations, Costs Award
Land and Property Civil Procedure Eviction Prevention of Illegal Eviction Act Unlawful Occupation Just and Equitable Order Lockdown Regulations Costs Award

Case Brief

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Parties

Daniel Shevel

Appellant

Alson Development Sea Point (Pty) Ltd

Respondent

The City of Cape Town

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Eviction Order

Legal Issues

  1. 1 Whether the appellant had a fair trial in the Magistrate's Court.
  2. 2 Whether the Magistrate erred in assessing the appellant's earning capacity and ability to secure alternative accommodation.
  3. 3 Whether the eviction order should be suspended due to the appellant's risk of homelessness and personal safety concerns.

Ratio Decidendi

The court found that the appellant was in unlawful occupation of the property, having defaulted on rental payments and after lawful cancellation of the lease. The Magistrate's assessment of the appellant's financial position, while incorrectly describing hand-outs from friends as earnings, was not a material misdirection. The appellant had failed to take reasonable steps to secure alternative accommodation and had enjoyed a year of rent-free occupation. His claims of personal safety risks and imminent homelessness were unsupported by concrete evidence and did not warrant indefinite suspension of the eviction order. The lockdown regulations did not require further delay, as the appellant...

Court Disposition

Appeal dismissed; eviction order confirmed with new date for vacating premises; costs awarded against appellant.

Orders

  • The application to lead new evidence on appeal is dismissed with costs on the party and party scale.
  • The appellant is to pay the costs of opposition incurred by the first respondent in relation to each of the Third Party Notices issued by the appellant, such costs to be taxed on the party and party scale.