van Rooi and Another v Izinyoni Trading 271 (Pty) Ltd and Another (LCC 2022/73) [2023] ZALCC 26 (17 August 2023)

van Rooi and Another v Izinyoni Trading 271 (Pty) Ltd and Another (LCC 2022/73) [2023] ZALCC 26 (17 August 2023)

The court found that the applicants were unlawfully evicted from their homestead on land owned by the Hans Coetzee Trust, without a valid court order as required by ESTA and the Constitution. The second respondent, acting on behalf of the Trust, orchestrated the eviction and demolition of the homestead, relying on false representations of a court order to the police, who assisted in the eviction and detention of the applicants. Despite citation errors regarding the land and respondents, the substantive facts established that the applicants were entitled to restoration and reinstatement of occupation. The court held the second respondent personally liable and ordered him to ensure...

Citation
[2023] ZALCC 26
Parties
Applicant: Naleng Emma van Rooi; Applicant: van Rooi Family; Respondent: Izinyoni Trading 271 (Pty) Ltd; Respondent: Hendrik Willem Coetzee
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
17 August 2023
Case Number
LCC 2022/73
Procedural Posture
Urgent Application / Final Judgment After Urgent Application for Restoration Following Alleged Unlawful Eviction
Outcome
Application granted in part; applicants entitled to immediate restoration and reinstatement of occupation. Second respondent held personally liable for unlawful eviction and ordered to ensure Trust compliance. Further relief available on supplemented papers. Costs awarded against second respondent on attorney and...
Judges
Spilg
Legal Topics
Extension of Security of Tenure Act, Unlawful Eviction, Rei Vindicatio, Constitutional Right to Housing, Joinder and Citation, Restoration of Possession
Land and Property Civil Procedure Constitutional Law Extension of Security of Tenure Act Unlawful Eviction Rei Vindicatio Constitutional Right to Housing Joinder and Citation +1 more

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Parties

Naleng Emma van Rooi

Applicant

van Rooi Family

Applicant

Izinyoni Trading 271 (Pty) Ltd

Respondent

Hendrik Willem Coetzee

Respondent

Procedural Posture

Urgent Application / Final Judgment After Urgent Application for Restoration Following Alleged Unlawful Eviction

Legal Issues

  1. 1 Whether the applicants were unlawfully evicted from their homestead without a valid court order.
  2. 2 Whether the failure to cite the correct landowner (the Trust) and describe the correct land is fatal to the relief sought.
  3. 3 Whether the second respondent is personally liable for the unlawful eviction and demolition of the homestead.

Ratio Decidendi

The court found that the applicants were unlawfully evicted from their homestead on land owned by the Hans Coetzee Trust, without a valid court order as required by ESTA and the Constitution. The second respondent, acting on behalf of the Trust, orchestrated the eviction and demolition of the homestead, relying on false representations of a court order to the police, who assisted in the eviction and detention of the applicants. Despite citation errors regarding the land and respondents, the substantive facts established that the applicants were entitled to restoration and reinstatement of occupation. The court held the second respondent personally liable and ordered him to ensure...

Court Disposition

Application granted in part; applicants entitled to immediate restoration and reinstatement of occupation. Second respondent held personally liable for unlawful eviction and ordered to ensure Trust compliance. Further relief available on supplemented papers. Costs awarded against second respondent on attorney and...

Orders

  • The applicants are entitled to immediate restoration and reinstatement of the use and occupation of the area of land occupied by them immediately prior to 10 January 2022 (the homestead).
  • The homestead is situated on land owned by the Hans Coetzee Trust on portions of one or more farms identified as portion RE 959 of the farm Riversdal 171 and portion 1 of the farm Middelveld 170, Limpopo Province.