Old Abland (Pty) Ltd v Hanekom and Others, Old Abland (Pty) Ltd v Jacobs and Others (LCC178/2016, LCC179/2016) [2017] ZALCC 24 (13 December 2017)

Old Abland (Pty) Ltd v Hanekom and Others, Old Abland (Pty) Ltd v Jacobs and Others (LCC178/2016, LCC179/2016) [2017] ZALCC 24 (13 December 2017)

The court found that, in light of the Constitutional Court's reinforcement of the municipality's duty to provide alternative accommodation in eviction cases, there are reasonable prospects that a higher court may reach a different conclusion regarding the balance of prejudice and the granting of the eviction order. The emotional and practical hardships faced by occupiers, including the risk of homelessness and disruption to children's schooling, must be weighed against the economic hardship of the landowner. Given these considerations and the recent developments in constitutional jurisprudence, leave to appeal should be granted.

Citation
[2017] ZALCC 24
Parties
Applicant: Old Abland (Pty) Ltd; Respondent: Anthea Hanekom; Respondent: Stuurman Hanekom; Respondent: Those occupying with, or under first respondent, Cottage No. 3 Topshell Park, Baden Powell Road, Lynedoch, Stellenbosch unlawful occupier; Respondent: Stellenbosch Municipality; Respondent: Department of Rural Development and Land Reform; Respondent: Suzie-Ann Jacobs; Respondent: Those occupying with, or under first respondent, Cottage No. 8 Topshell
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
13 December 2017
Case Number
LCC 178/2016; LCC 179/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal
Outcome
Leave to appeal to the Supreme Court of Appeal is granted.
Judges
MP Canca, GM Makhanya
Legal Topics
Eviction, Relative Hardship, Emergency Accommodation, Leave to Appeal
Land and Property Civil Procedure Eviction Relative Hardship Emergency Accommodation Leave to Appeal

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Parties

Old Abland (Pty) Ltd

Applicant

Anthea Hanekom

Respondent

Stuurman Hanekom

Respondent

Those occupying with, or under first respondent, Cottage No. 3 Topshell Park, Baden Powell Road, Lynedoch, Stellenbosch unlawful occupier

Respondent

Stellenbosch Municipality

Respondent

Department of Rural Development and Land Reform

Respondent

Suzie-Ann Jacobs

Respondent

Those occupying with, or under first respondent, Cottage No. 8 Topshell

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal

Legal Issues

  1. 1 Whether there are reasonable prospects that a higher court may reach a different conclusion regarding the eviction order.
  2. 2 Whether the prejudice to the respondents outweighs that to the applicant if eviction is granted.
  3. 3 Whether the municipality's policy on emergency accommodation sufficiently addresses the risk of homelessness upon eviction.

Ratio Decidendi

The court found that, in light of the Constitutional Court's reinforcement of the municipality's duty to provide alternative accommodation in eviction cases, there are reasonable prospects that a higher court may reach a different conclusion regarding the balance of prejudice and the granting of the eviction order. The emotional and practical hardships faced by occupiers, including the risk of homelessness and disruption to children's schooling, must be weighed against the economic hardship of the landowner. Given these considerations and the recent developments in constitutional jurisprudence, leave to appeal should be granted.

Court Disposition

Leave to appeal to the Supreme Court of Appeal is granted.

Orders

  • The application for leave to appeal to the Supreme Court of Appeal succeeds.