Virginia Engineering Services (Pty) Ltd v De Lange and Others (993/2023) [2023] ZAFSHC 289 (12 June 2023)

Virginia Engineering Services (Pty) Ltd v De Lange and Others (993/2023) [2023] ZAFSHC 289 (12 June 2023)

The court found that the Applicant is the registered owner of the property and has complied with the requirements of PIE. The First Respondent, although elderly and disabled, has had ample notice since 2021 that his occupation was challenged and has failed to take meaningful steps to secure alternative accommodation. The absence of a municipal report does not preclude the granting of an eviction order, especially as the First Respondent is a single occupant and has had sufficient time to make arrangements. The protection under PIE does not extend to business interests. The court determined that a four-month notice period is just and equitable under the circumstances, balancing the...

Citation
[2023] ZAFSHC 289
Parties
Applicant: Virginia Engineering Services (Pty) Ltd; Respondent: Jan De Lange; Respondent: All Unlawful Occupants of the Immovable Property known as Erf 4[…] Extension […], Virginia; Respondent: Matjhabeng Local Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 June 2023
Case Number
993/2023
Procedural Posture
Urgent Application / Eviction Application Under PIE
Outcome
Eviction order granted against the First Respondent with a four-month notice period; each party to pay its own costs.
Judges
P R Cronjé
Legal Topics
Prevention of Illegal Eviction Act, Eviction Procedure, Just and Equitable Order, Alternative Accommodation, Municipal Duties
Land and Property Civil Procedure Prevention of Illegal Eviction Act Eviction Procedure Just and Equitable Order Alternative Accommodation Municipal Duties

Case Brief

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Parties

Virginia Engineering Services (Pty) Ltd

Applicant

Jan De Lange

Respondent

All Unlawful Occupants of the Immovable Property known as Erf 4[…] Extension […], Virginia

Respondent

Matjhabeng Local Municipality

Respondent

Procedural Posture

Urgent Application / Eviction Application Under PIE

Legal Issues

  1. 1 Whether the First Respondent and other unlawful occupants should be evicted from the property under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE).
  2. 2 Whether the First Respondent, as an elderly and disabled person, is entitled to protection under section 4(6) of PIE.
  3. 3 Whether the municipality or another organ of state must provide alternative accommodation to the First Respondent upon eviction.

Ratio Decidendi

The court found that the Applicant is the registered owner of the property and has complied with the requirements of PIE. The First Respondent, although elderly and disabled, has had ample notice since 2021 that his occupation was challenged and has failed to take meaningful steps to secure alternative accommodation. The absence of a municipal report does not preclude the granting of an eviction order, especially as the First Respondent is a single occupant and has had sufficient time to make arrangements. The protection under PIE does not extend to business interests. The court determined that a four-month notice period is just and equitable under the circumstances, balancing the...

Court Disposition

Eviction order granted against the First Respondent with a four-month notice period; each party to pay its own costs.

Orders

  • The First Respondent is evicted from the immovable property situate at Erf 4[…], Extension […], Virginia, also known as […] A[…] Street, Virginia.
  • The First Respondent is ordered to vacate the property together with all improvements and assets by no later than 14 October 2023, failing which the Sheriff of the court is authorised to carry out the eviction order.