Zybrands N.O and Others v Occupants, Remainder Portions 2 and 9, Farm 143, Division Paarl Rd, Western Cape and Others (LCC 199/12) [2015] ZALCC 8 (2 October 2015)

Zybrands N.O and Others v Occupants, Remainder Portions 2 and 9, Farm 143, Division Paarl Rd, Western Cape and Others (LCC 199/12) [2015] ZALCC 8 (2 October 2015)

The Court found that the Municipality failed to meet its obligations to provide emergency accommodation within the timeframes set out in previous orders, despite having ample notice and opportunity. The applicants had complied with all orders and suffered prejudice due to the continued occupation of their property. The occupiers, while refusing alternative accommodation and insisting on relocation as a group, did not take steps to regularise their position or seek other options. The Court held that justice favoured the applicants and that the occupiers would not be left homeless, as the Municipality could provide temporary accommodation. The application for further extension was rejected,...

Citation
[2015] ZALCC 8
Parties
Applicant: Alexander Werner Zybrands N.O; Applicant: Rouvier Zybrands N.O; Applicant: Annalize Duvenhage N.O; Respondent: The Occupants, Remainder Portions 2 and 9, Farm 143, Division Paarl Rd, Western Cape; Respondent: Drakenstein Municipality; Respondent: Minister of Land Affairs and Rural Development
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
2 October 2015
Case Number
LCC 199/12
Procedural Posture
Urgent Application / Application for Extension of Eviction Date and Provision of Emergency Accommodation; Reasons for Order Issued
Outcome
Application for further extension of eviction date and provision of emergency accommodation is refused. The eviction order stands.
Judges
Canca
Legal Topics
Eviction Proceedings, Extension of Tenure Act, Municipal Obligations, Emergency Housing, Functus Officio, Variation of Court Orders
Land and Property Civil Procedure Administrative Law Eviction Proceedings Extension of Tenure Act Municipal Obligations Emergency Housing Functus Officio +1 more

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Parties

Alexander Werner Zybrands N.O

Applicant

Rouvier Zybrands N.O

Applicant

Annalize Duvenhage N.O

Applicant

The Occupants, Remainder Portions 2 and 9, Farm 143, Division Paarl Rd, Western Cape

Respondent

Drakenstein Municipality

Respondent

Minister of Land Affairs and Rural Development

Respondent

Procedural Posture

Urgent Application / Application for Extension of Eviction Date and Provision of Emergency Accommodation; Reasons for Order Issued

Legal Issues

  1. 1 Whether the eviction date for the occupiers should be further extended beyond the previously agreed date.
  2. 2 Whether the Municipality has fulfilled its statutory and constitutional obligations to provide emergency accommodation to the occupiers.
  3. 3 Whether the Court is functus officio and able to vary the November 2014 order beyond extension of the eviction date.

Ratio Decidendi

The Court found that the Municipality failed to meet its obligations to provide emergency accommodation within the timeframes set out in previous orders, despite having ample notice and opportunity. The applicants had complied with all orders and suffered prejudice due to the continued occupation of their property. The occupiers, while refusing alternative accommodation and insisting on relocation as a group, did not take steps to regularise their position or seek other options. The Court held that justice favoured the applicants and that the occupiers would not be left homeless, as the Municipality could provide temporary accommodation. The application for further extension was rejected,...

Court Disposition

Application for further extension of eviction date and provision of emergency accommodation is refused. The eviction order stands.

Orders

  • The date for eviction of the first respondents from the property is extended until 14 October 2015.
  • If the first respondents have not vacated the property by 14 October 2015, the sheriff is authorised to evict them and all persons occupying through them on 15 October 2015 or thereafter.