Super Four Developers CC v Mallick and Others (1570/2020) [2021] ZAECPEHC 52 (4 October 2021)

Super Four Developers CC v Mallick and Others (1570/2020) [2021] ZAECPEHC 52 (4 October 2021)

The court found the respondents to be unlawful occupiers under PIE, occupying the applicant's property without consent or any legal right. The respondents failed to provide meaningful information regarding their personal circumstances, employment, or efforts to secure alternative accommodation, despite being legally represented and invited to do so. The municipality engaged with the occupiers and provided a comprehensive report, confirming that some respondents are employed and have means to pay rent, and that no conclusive evidence of homelessness was presented. The applicant demonstrated a legitimate need for possession, having incurred substantial holding costs and being unable to...

Citation
[2021] ZAECPEHC 52
Parties
Applicant: Super Four Developers CC; Respondent: Moegamat Azmie Mallick; Respondent: André James Le Roux; Respondent: Noleen Meyer; Respondent: Natasha Alarice Augustus; Respondent: Gift; Respondent: Amanda; Respondent: John; Respondent: Isaac (Rasta); Respondent: Occupiers of Erf 1588 and Erf 1620 Mount Road (11 Fettes Road, North End, Port Elizabeth); Respondent: Nelson Mandela Bay Municipality
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
4 October 2021
Case Number
1570/2020
Procedural Posture
Eviction Application / Reasons for Judgment Following Grant of Eviction Order
Outcome
Eviction order granted against the first to ninth respondents as unlawful occupiers; costs awarded against respondents; wasted costs of postponement reserved pending explanation from legal representatives.
Judges
A Govindjee
Legal Topics
Prevention of Illegal Eviction Act, Eviction of Unlawful Occupiers, Municipal Obligations, Constitutional Right to Housing, Just and Equitable Eviction, Costs in Eviction Proceedings
Land and Property Civil Procedure Constitutional Law Prevention of Illegal Eviction Act Eviction of Unlawful Occupiers Municipal Obligations Constitutional Right to Housing Just and Equitable Eviction +1 more

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Parties

Super Four Developers CC

Applicant

Moegamat Azmie Mallick

Respondent

André James Le Roux

Respondent

Noleen Meyer

Respondent

Natasha Alarice Augustus

Respondent

Gift

Respondent

Amanda

Respondent

John

Respondent

Isaac (Rasta)

Respondent

Occupiers of Erf 1588 and Erf 1620 Mount Road (11 Fettes Road, North End, Port Elizabeth)

Respondent

Nelson Mandela Bay Municipality

Respondent

Procedural Posture

Eviction Application / Reasons for Judgment Following Grant of Eviction Order

Legal Issues

  1. 1 Whether the respondents are unlawful occupiers under PIE and subject to eviction.
  2. 2 Whether it is just and equitable to grant an eviction order considering all relevant circumstances, including vulnerability and homelessness.
  3. 3 Whether the municipality has complied with its constitutional and statutory obligations regarding emergency accommodation.

Ratio Decidendi

The court found the respondents to be unlawful occupiers under PIE, occupying the applicant's property without consent or any legal right. The respondents failed to provide meaningful information regarding their personal circumstances, employment, or efforts to secure alternative accommodation, despite being legally represented and invited to do so. The municipality engaged with the occupiers and provided a comprehensive report, confirming that some respondents are employed and have means to pay rent, and that no conclusive evidence of homelessness was presented. The applicant demonstrated a legitimate need for possession, having incurred substantial holding costs and being unable to...

Court Disposition

Eviction order granted against the first to ninth respondents as unlawful occupiers; costs awarded against respondents; wasted costs of postponement reserved pending explanation from legal representatives.

Orders

  • An eviction order is granted against the First to Ninth Respondents as unlawful occupiers of Tulbagh Flats, 11 Fettes Road, North End, Gqeberha.
  • The eviction order may be enforced if the respondents do not vacate the property within 60 days from the date of service of this order at the property.