Sono and Another v City of Tshwane Metropolitan Municipality and Another (099668/2023) [2024] ZAGPPHC 177 (27 February 2024)

Sono and Another v City of Tshwane Metropolitan Municipality and Another (099668/2023) [2024] ZAGPPHC 177 (27 February 2024)

The court found that the applicants failed to establish peaceful and undisturbed possession of the structures prior to their demolition. The evidence, including photographs, did not show occupation or use of the structures as dwellings, nor the presence of personal possessions. The applicants' assertion of occupation from March 2023 was not corroborated by contemporaneous evidence or their attorneys' correspondence. The respondents' version, supported by safety concerns and photographic evidence, was accepted. In the absence of proof of possession, the requirements for a mandament van spolie were not met, and the application for interim relief was dismissed.

Citation
[2024] ZAGPPHC 177
Parties
Applicant: Sono; Applicant: De-Wagendrift Community; Respondent: City of Tshwane Metropolitan Municipality; Respondent: Department of Human Settlements: Gauteng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 February 2024
Case Number
099668/2023
Procedural Posture
Urgent Application / Part A: Opposed Motion for Interim Relief
Outcome
Part A of the application is dismissed. No order as to costs.
Judges
Millar
Legal Topics
Mandament Van Spolie, Illegal Eviction, Interim Interdict, Allocation of Housing, Peaceful Possession, Constitutional Right to Housing
Land and Property Civil Procedure Constitutional Law Mandament Van Spolie Illegal Eviction Interim Interdict Allocation of Housing Peaceful Possession +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Sono

Applicant

De-Wagendrift Community

Applicant

City of Tshwane Metropolitan Municipality

Respondent

Department of Human Settlements: Gauteng

Respondent

Procedural Posture

Urgent Application / Part A: Opposed Motion for Interim Relief

Legal Issues

  1. 1 Whether the applicants were in peaceful and undisturbed possession of the structures prior to demolition.
  2. 2 Whether the applicants were unlawfully deprived of possession, justifying a mandament van spolie.
  3. 3 Whether the respondents' actions constituted an illegal eviction.

Ratio Decidendi

The court found that the applicants failed to establish peaceful and undisturbed possession of the structures prior to their demolition. The evidence, including photographs, did not show occupation or use of the structures as dwellings, nor the presence of personal possessions. The applicants' assertion of occupation from March 2023 was not corroborated by contemporaneous evidence or their attorneys' correspondence. The respondents' version, supported by safety concerns and photographic evidence, was accepted. In the absence of proof of possession, the requirements for a mandament van spolie were not met, and the application for interim relief was dismissed.

Court Disposition

Part A of the application is dismissed. No order as to costs.

Orders

  • Part A of the application is dismissed.
  • There is no order as to costs.