Eskom Holdings Soc Limited v Persons Listed in Annexure A to the Notice of Motion and Another v Eskom Holdings Soc Limited (27605/2015) [2015] ZAGPPHC 663 (12 June 2015)

Eskom Holdings Soc Limited v Persons Listed in Annexure A to the Notice of Motion and Another v Eskom Holdings Soc Limited (27605/2015) [2015] ZAGPPHC 663 (12 June 2015)

The court found that the accommodation provided by Eskom Holdings SOC Limited did not constitute a 'home' for the purposes of the PIE Act. Therefore, the PIE Act was not applicable to the eviction order granted. The applicant failed to demonstrate reasonable prospects of success on appeal or that another court would reach a different conclusion. The application for leave to appeal was accordingly dismissed with costs.

Citation
[2015] ZAGPPHC 663
Parties
Applicant: Persons Listed in Annexure A to the Notice of Motion; Applicant: National Union of Metal Workers of South Africa (NUMSA); Respondent: Eskom Holdings Soc Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 June 2015
Case Number
27605/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Urgent Eviction Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
A.C Basson
Legal Topics
Leave to Appeal, Eviction Order, Prevention of Illegal Eviction Act, Definition of Home, Section 26 Constitution
Civil Procedure Land and Property Constitutional Law Leave to Appeal Eviction Order Prevention of Illegal Eviction Act Definition of Home Section 26 Constitution

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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Persons Listed in Annexure A to the Notice of Motion

Applicant

National Union of Metal Workers of South Africa (NUMSA)

Applicant

Eskom Holdings Soc Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Urgent Eviction Order

Legal Issues

  1. 1 Whether the PIE Act applies to the accommodation provided by Eskom Holdings SOC Limited to the individual respondents.
  2. 2 Whether the premises in question constitute a 'home' for the purposes of the PIE Act.
  3. 3 Whether there are reasonable prospects of success for the appeal against the eviction order.

Ratio Decidendi

The court found that the accommodation provided by Eskom Holdings SOC Limited did not constitute a 'home' for the purposes of the PIE Act. Therefore, the PIE Act was not applicable to the eviction order granted. The applicant failed to demonstrate reasonable prospects of success on appeal or that another court would reach a different conclusion. The application for leave to appeal was accordingly dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.