Vuthela and Another v Mhlontlo Local Municipality (3393/2014, 3394/2014) [2016] ZAECMHC 16 (12 April 2016)

Vuthela and Another v Mhlontlo Local Municipality (3393/2014, 3394/2014) [2016] ZAECMHC 16 (12 April 2016)

The applicants failed to make out a case for the relief sought in their founding affidavits, as they did not disclose the existence of an agreement for temporary relocation or the provision of alternative accommodation by the respondent. The respondent met its obligations by providing alternative accommodation and securing the applicants' agreement to vacate and demolish their homes for the construction of RDP houses. The applicants' complaints about the suitability of the accommodation were raised only in reply, prejudicing the respondent and contravening the rule that an applicant must make out their case in their founding papers. The rule nisi should not have been issued, and the...

Citation
[2016] ZAECMHC 16
Parties
Applicant: Laduma Vuthela; Applicant: Lungiswa Nontlahiya; Respondent: Mhlontlo Local Municipality
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
12 April 2016
Case Number
3393/2014, 3394/2014
Procedural Posture
Urgent Application / Final Determination of Rule Nisi
Outcome
Application dismissed; rule nisi discharged with costs.
Judges
G H Bloem
Legal Topics
Eviction Proceedings, Alternative Accommodation, Rule Nisi, Section 26 Constitution, Motion Proceedings, Pie Act
Land and Property Civil Procedure Constitutional Law Eviction Proceedings Alternative Accommodation Rule Nisi Section 26 Constitution Motion Proceedings +1 more

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Parties

Laduma Vuthela

Applicant

Lungiswa Nontlahiya

Applicant

Mhlontlo Local Municipality

Respondent

Procedural Posture

Urgent Application / Final Determination of Rule Nisi

Legal Issues

  1. 1 Whether the respondent's eviction and demolition of the applicants' homes without a court order was unlawful.
  2. 2 Whether the respondent provided adequate alternative accommodation to the applicants.
  3. 3 Whether the applicants made out a case for final relief on the papers.

Ratio Decidendi

The applicants failed to make out a case for the relief sought in their founding affidavits, as they did not disclose the existence of an agreement for temporary relocation or the provision of alternative accommodation by the respondent. The respondent met its obligations by providing alternative accommodation and securing the applicants' agreement to vacate and demolish their homes for the construction of RDP houses. The applicants' complaints about the suitability of the accommodation were raised only in reply, prejudicing the respondent and contravening the rule that an applicant must make out their case in their founding papers. The rule nisi should not have been issued, and the...

Court Disposition

Application dismissed; rule nisi discharged with costs.

Orders

  • The rule nisi is discharged with costs.