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South Africa Case Law

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Land And Property [2024] ZAGPPHC 177

Sono and Another v City of Tshwane Metropolitan Municipality and Another (099668/2023)

Sono and Another v City of Tshwane Metropolitan Municipality and Another (099668/2023) [2024] ZAGPPHC 177 (27 February 2024)

The High Court dismissed an urgent spoliation application after finding the applicants had not proven peaceful possession of the demolished structures.

  • Mandament Van Spolie
  • Illegal Eviction
  • Interim Interdict
  • Allocation Of Housing
  • Peaceful Possession
  • Constitutional Right To Housing
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Land And Property [2008] ZAWCHC 15

Minister of Local Government and Housing for the Western Cape and Others v Various Unlawful Occupiers of Houses Situated in Precincts 4 and 6, Delft Symphony and Others (102/08)

Minister of Local Government and Housing for the Western Cape and Others v Various Unlawful Occupiers of Houses Situated in Precincts 4 and 6, Delft Symphony and Others (102/08) [2008] ZAWCHC 15 (6 February 2008)

The court found that the applicants had satisfied all requirements for an urgent eviction order under section 5(1) of the PIE Act. The unlawful occupiers had taken possession of houses allocated to others, causing prejudice, and their occupation was instigated by a public official. The respondents failed to provide concrete facts regarding vulnerable groups and did not furnish a valid defence against eviction. The court held that grievances regarding the allocation procedure and lack of mediation did not constitute a legal defence to eviction. The order was made just and equitable, with suffi…

  • Prevention Of Illegal Eviction Act
  • Urgent Eviction
  • Allocation Of Housing
  • Spoliation Order
  • Constitutional Right To Housing
  • Just And Equitable Relief
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.