Thaba Chweu Local Municipality v Mashile and Others (5475S/2011) [2014] ZAGPPHC 90 (16 January 2014)

Thaba Chweu Local Municipality v Mashile and Others (5475S/2011) [2014] ZAGPPHC 90 (16 January 2014)

The court found that the respondents' version regarding the timing of occupation was not credible, as documentary evidence suggested the occupation occurred in December 2013. The applicant's actions, including laying a charge with SAPS, corroborated its version. The respondents were not 'settled occupiers' as contemplated by PIE, having occupied the property for less than two months. The court concluded that the requirements for urgency and for the finalization of the interim order were met. Accordingly, the rule nisi granted on 31 December 2013 was made final.

Citation
[2014] ZAGPPHC 90
Parties
Applicant: Thaba Chweu Local Municipality; Respondent: Mike Mashile; Respondent: The Unidentified Intended Occupiers; Respondent: The Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 January 2014
Case Number
5475S/2011
Procedural Posture
Urgent Application / Return Day of Interim Order
Outcome
The rule nisi granted on 31 December 2013 is made final.
Judges
Baqwa
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Urgency, Interim Injunction
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Urgency Interim Injunction

Case Brief

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Parties

Thaba Chweu Local Municipality

Applicant

Mike Mashile

Respondent

The Unidentified Intended Occupiers

Respondent

The Minister of Police

Respondent

Procedural Posture

Urgent Application / Return Day of Interim Order

Legal Issues

  1. 1 Whether the occupation of the applicant's property by the respondents was unlawful.
  2. 2 Whether the application was urgent given the timing of the alleged occupation.
  3. 3 Whether the interim order prohibiting occupation and demarcation should be made final.

Ratio Decidendi

The court found that the respondents' version regarding the timing of occupation was not credible, as documentary evidence suggested the occupation occurred in December 2013. The applicant's actions, including laying a charge with SAPS, corroborated its version. The respondents were not 'settled occupiers' as contemplated by PIE, having occupied the property for less than two months. The court concluded that the requirements for urgency and for the finalization of the interim order were met. Accordingly, the rule nisi granted on 31 December 2013 was made final.

Court Disposition

The rule nisi granted on 31 December 2013 is made final.

Orders

  • The interim order prohibiting unlawful occupation and demarcation of the applicant's property is made final.
  • Only the lawful owner may demarcate land for occupation or enter the property.