Transnet (Pty) Limited v Zaaiman and Others (326/07) [2008] ZAECHC 17 (11 March 2008)

Transnet (Pty) Limited v Zaaiman and Others (326/07) [2008] ZAECHC 17 (11 March 2008)

The applicant, as owner of the property, lawfully terminated the lease agreements with the respondents, who then became unlawful occupiers under PIE. The court found that the official acting for the applicant was properly authorised to institute proceedings. The special defences raised by the fourth and seventh respondents were rejected: the alleged oral promise of ownership was unenforceable and void for vagueness, and the lease clause relied on by the seventh respondent did not override the termination clause. Section 4 of PIE, not section 6, governs eviction proceedings by an owner, even if the owner is an organ of state. The applicant complied with all procedural requirements of...

Citation
[2008] ZAECHC 17
Parties
Applicant: Transnet (Pty) Limited; Respondent: Mr. S Zaaiman; Respondent: Ms Bouwer; Respondent: Mr Potgieter; Respondent: Ms Mnguni; Respondent: Mr Petersen; Respondent: Mr Kruger; Respondent: Mr Bruwer; Respondent: Mr Pillay
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
11 March 2008
Case Number
326/07
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Eviction granted; respondents to vacate by specified date.
Judges
A.R. Erasmus
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Eviction Procedure, Lease Termination, Just and Equitable Eviction
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Eviction Procedure Lease Termination Just and Equitable Eviction

Case Brief

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Parties

Transnet (Pty) Limited

Applicant

Mr. S Zaaiman

Respondent

Ms Bouwer

Respondent

Mr Potgieter

Respondent

Ms Mnguni

Respondent

Mr Petersen

Respondent

Mr Kruger

Respondent

Mr Bruwer

Respondent

Mr Pillay

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to evict the respondents under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE).
  2. 2 Whether the official acting for the applicant had proper authority to institute proceedings.
  3. 3 Whether special defences raised by the fourth and seventh respondents preclude eviction.

Ratio Decidendi

The applicant, as owner of the property, lawfully terminated the lease agreements with the respondents, who then became unlawful occupiers under PIE. The court found that the official acting for the applicant was properly authorised to institute proceedings. The special defences raised by the fourth and seventh respondents were rejected: the alleged oral promise of ownership was unenforceable and void for vagueness, and the lease clause relied on by the seventh respondent did not override the termination clause. Section 4 of PIE, not section 6, governs eviction proceedings by an owner, even if the owner is an organ of state. The applicant complied with all procedural requirements of...

Court Disposition

Eviction granted; respondents to vacate by specified date.

Orders

  • The first, and the third to eighth respondents are ordered to vacate the premises they currently occupy on erf 1204, Humewood, Port Elizabeth, together with their dependants and other persons who occupy the premises with them, by 31 May 2008.
  • The said respondents and other persons are ordered to remove all possessions from the premises by 31 May 2008.