Zinvomax (Pty) Ltd and Others v Iga and Others (1160/21) [2024] ZANCHC 2 (19 January 2024)

Zinvomax (Pty) Ltd and Others v Iga and Others (1160/21) [2024] ZANCHC 2 (19 January 2024)

The court found that the second applicant, as the registered owner of the property, had the requisite locus standi to bring the eviction application. The authority of the second applicant was positively asserted under oath and not explicitly challenged in the answering affidavit, nor was Rule 7(1) or Rule 35(12) invoked by the opposing respondents. The challenge to the cession of the long-term lease to the first applicant, based on municipal regulations, was raised only in heads of argument and not in the answering affidavit, depriving the applicants of a fair opportunity to respond. The existence of a registered notarial deed of cession gave the first applicant at least a prima facie...

Citation
[2024] ZANCHC 2
Parties
Applicant: Zinvomax (Pty) Ltd; Applicant: Ga-Segonyana Local Municipality; Applicant: Copy Centrum Joint Venture; Applicant: Bily Purushothaman; Applicant: Built-It Green Construction (Pty) Ltd; Respondent: Isa Mohammed Iga; Respondent: Christiaan Mkumbo; Respondent: Joy Anadi; Respondent: Moses Ndwalang; Respondent: Tamatie Aobakwe; Respondent: Lebo Kenani Nasali; Respondent: Iponent Bella Moseneke; Respondent: V Makhaza; Respondent: Desire Kaphinga; Respondent: Siddique Abubaker Mohammed; Respondent: Dikeledi Mosako; Respondent: Wim Jacobs; Respondent: Dana Motatiina; Respondent: Blaise Emedy; Respondent: Kgalelo Sikaneng; Respondent: Muhammad Rizwan; Respondent: Thapelo P Gaelejwe; Respondent: Thatoeng Kehang; Respondent: Khalil-ur Rehman; Respondent: Sarel Johannes Pienaar; Respondent: Gao Xia Qiang; Respondent: Huang Feng; Respondent: Mike Bester; Respondent: Unlawful Occupiers of Erf 2564 Kuruman
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
19 January 2024
Case Number
1160/21
Procedural Posture
Eviction Application / Judgment
Outcome
Eviction granted; respondents ordered to vacate immediately; costs awarded against opposing respondents on a party and party basis, jointly and severally.
Judges
Lever
Legal Topics
Eviction of Unlawful Occupiers, Municipal Asset Management, Locus Standi, Authority to Institute Proceedings, Review of Tender Award, Costs Orders
Land and Property Civil Procedure Administrative Law Eviction of Unlawful Occupiers Municipal Asset Management Locus Standi Authority to Institute Proceedings Review of Tender Award +1 more

Case Brief

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Parties

Zinvomax (Pty) Ltd

Applicant

Ga-Segonyana Local Municipality

Applicant

Copy Centrum Joint Venture

Applicant

Bily Purushothaman

Applicant

Built-It Green Construction (Pty) Ltd

Applicant

Isa Mohammed Iga

Respondent

Christiaan Mkumbo

Respondent

Joy Anadi

Respondent

Moses Ndwalang

Respondent

Tamatie Aobakwe

Respondent

Lebo Kenani Nasali

Respondent

Iponent Bella Moseneke

Respondent

V Makhaza

Respondent

Desire Kaphinga

Respondent

Siddique Abubaker Mohammed

Respondent

Dikeledi Mosako

Respondent

Wim Jacobs

Respondent

Dana Motatiina

Respondent

Blaise Emedy

Respondent

Kgalelo Sikaneng

Respondent

Muhammad Rizwan

Respondent

Thapelo P Gaelejwe

Respondent

Thatoeng Kehang

Respondent

Khalil-ur Rehman

Respondent

Sarel Johannes Pienaar

Respondent

Gao Xia Qiang

Respondent

Huang Feng

Respondent

Mike Bester

Respondent

Unlawful Occupiers of Erf 2564 Kuruman

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the applicants have locus standi to bring the eviction application.
  2. 2 Whether the respondents have any valid lease or right to occupy the property.
  3. 3 Whether the authority of the second applicant to institute proceedings was properly challenged.

Ratio Decidendi

The court found that the second applicant, as the registered owner of the property, had the requisite locus standi to bring the eviction application. The authority of the second applicant was positively asserted under oath and not explicitly challenged in the answering affidavit, nor was Rule 7(1) or Rule 35(12) invoked by the opposing respondents. The challenge to the cession of the long-term lease to the first applicant, based on municipal regulations, was raised only in heads of argument and not in the answering affidavit, depriving the applicants of a fair opportunity to respond. The existence of a registered notarial deed of cession gave the first applicant at least a prima facie...

Court Disposition

Eviction granted; respondents ordered to vacate immediately; costs awarded against opposing respondents on a party and party basis, jointly and severally.

Orders

  • The respondents and all persons or entities occupying through them are evicted from Erf 2[...] K[...] , Northern Cape Province and ordered to immediately vacate the property.
  • If the respondents or any person occupying through them fail or refuse to immediately vacate, the Sheriff, with the assistance of the South African Police Services if necessary, is directed to give effect to the eviction order.