Sityata v Eastern Cape Development Corporation (CA&R14/18) [2018] ZAECMHC 34 (3 July 2018)

Sityata v Eastern Cape Development Corporation (CA&R14/18) [2018] ZAECMHC 34 (3 July 2018)

The court found that the appellant had established both possession and unlawful dispossession, as she was evicted without notice of termination of her valid month-to-month lease. The respondent's general denial was not credible in light of the clear wording of the correspondence. However, the respondent had let the property to a third party under a fixed-term lease, making restitution impossible. The law does not permit a spoliation order where restoration is not feasible, even if the respondent's conduct was improper. The respondent, as an organ of state, failed in its constitutional obligations and acted in a manner deserving of censure. The appeal was dismissed, but the costs order...

Citation
[2018] ZAECMHC 34
Parties
Appellant: Peleka Sityata; Respondent: Eastern Cape Development Corporation
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
3 July 2018
Case Number
CA&R14/18
Procedural Posture
Civil Appeal / Appeal From Magistrate's Dismissal of Urgent Spoliation Application
Outcome
Appeal dismissed except for amendment of costs order.
Judges
C Plasket, Z M Nhlangulela
Legal Topics
Mandament Van Spolie, Unlawful Eviction, Lease Termination, Constitutional Right to Housing, Costs Award
Land and Property Civil Procedure Constitutional Law Mandament Van Spolie Unlawful Eviction Lease Termination Constitutional Right to Housing Costs Award

Case Brief

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Parties

Peleka Sityata

Appellant

Eastern Cape Development Corporation

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Dismissal of Urgent Spoliation Application

Legal Issues

  1. 1 Whether the appellant was unlawfully dispossessed of her property without proper termination of her lease.
  2. 2 Whether the requirements for a spoliation order were met.
  3. 3 Whether impossibility of restitution due to a third-party lease is a valid defence to spoliation.

Ratio Decidendi

The court found that the appellant had established both possession and unlawful dispossession, as she was evicted without notice of termination of her valid month-to-month lease. The respondent's general denial was not credible in light of the clear wording of the correspondence. However, the respondent had let the property to a third party under a fixed-term lease, making restitution impossible. The law does not permit a spoliation order where restoration is not feasible, even if the respondent's conduct was improper. The respondent, as an organ of state, failed in its constitutional obligations and acted in a manner deserving of censure. The appeal was dismissed, but the costs order...

Court Disposition

Appeal dismissed except for amendment of costs order.

Orders

  • The appeal succeeds only to the limited extent that the order of the court below, insofar as it relates to the costs of the application, is amended.
  • The order of the court below is set aside and replaced with: 'The application is dismissed with costs, save that the respondent is directed to pay the applicant’s costs up to and including 8 February 2018.'