Sol Plaatjie Municipality v Ramosie (1872/15) [2017] ZANCHC 38 (17 May 2017)

Sol Plaatjie Municipality v Ramosie (1872/15) [2017] ZANCHC 38 (17 May 2017)

The court found that the respondent's occupation of flat number 7 was unlawful as the flat committee lacked authority to allocate the premises without management approval. The evidence established that management, not the flat committee, had the final say in allocating municipal housing. The letter dated 22 July 2014, which refused the respondent's application for accommodation, was served on him, and he took occupation despite knowing his application was unsuccessful. The preliminary objections of res judicata and lack of authority to institute proceedings were dismissed; the previous application was decided on technical grounds and did not bar the present proceedings. The applicant...

Citation
[2017] ZANCHC 38
Parties
Applicant: Sol Plaatjie Municipality; Respondent: Charles Tshepo Ramosie
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
17 May 2017
Case Number
1872/15
Procedural Posture
Eviction Application / Final Judgment After Oral Evidence
Outcome
Application granted; respondent ordered to vacate the premises within 30 calendar days and to be redeployed to a station without families or children. Costs awarded to applicant.
Judges
Lever AJ
Legal Topics
Prevention of Illegal Eviction Act, Authority to Institute Proceedings, Res Judicata, Allocation of Municipal Housing, Service of Documents, Just and Equitable Eviction
Land and Property Civil Procedure Administrative Law Prevention of Illegal Eviction Act Authority to Institute Proceedings Res Judicata Allocation of Municipal Housing Service of Documents +1 more

Case Brief

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Parties

Sol Plaatjie Municipality

Applicant

Charles Tshepo Ramosie

Respondent

Procedural Posture

Eviction Application / Final Judgment After Oral Evidence

Legal Issues

  1. 1 Whether the respondent's occupation of flat number 7 was lawful.
  2. 2 Whether the flat committee had authority to allocate the premises to the respondent.
  3. 3 Whether the letter dated 22 July 2014 was served on the respondent.

Ratio Decidendi

The court found that the respondent's occupation of flat number 7 was unlawful as the flat committee lacked authority to allocate the premises without management approval. The evidence established that management, not the flat committee, had the final say in allocating municipal housing. The letter dated 22 July 2014, which refused the respondent's application for accommodation, was served on him, and he took occupation despite knowing his application was unsuccessful. The preliminary objections of res judicata and lack of authority to institute proceedings were dismissed; the previous application was decided on technical grounds and did not bar the present proceedings. The applicant...

Court Disposition

Application granted; respondent ordered to vacate the premises within 30 calendar days and to be redeployed to a station without families or children. Costs awarded to applicant.

Orders

  • The respondent and all persons occupying through him are evicted from flat number 7, Section: Emergency Services, Sol Plaatjie Local Municipality, Kimberley, 30 calendar days after the date of this Order.
  • Should the respondent or any person occupying through him refuse or neglect to vacate, the applicant, through the Sheriff, is authorised and directed to evict them 30 calendar days after the date of this Order.