South Africa Case Law

Those Persons Identified and Unidentified Occupying Erf 95582 v National Minister of Social Development and Others (14732/2024)

Those Persons Identified and Unidentified Occupying Erf 95582 v National Minister of Social Development and Others (14732/2024) [2025] ZAWCHC 251 (19 June 2025)

Court

Western Cape High Court, Cape Town

Case number

14732/2024

Judge

Sipunzi

The court found that the Safe Spaces are operated and funded solely by the City of Cape Town and do not fall within the definition of shelters or community-based services regulated by the Departments of Social Development under the relevant statutes or norms. The impugned rules, including lockout and abstinence conditions, do not trigger any statutory or constitutional obligations of the Departments. The Substance Abuse Act and the Western Cape Government Norms and Standards for Shelters for Homeless Adults do not apply to the Safe Spaces, and any outcome of the litigation would not affect th…

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• Joinder Of Parties
• Direct And Substantial Interest
• Alternative Accommodation
• Eviction Proceedings
• Constitutional Invalidity Of Rules

Stephen v Asnath and Others (LCC 119/2024)

Stephen v Asnath and Others (LCC 119/2024) [2025] ZALCC 17 (10 April 2025)

Court

Land Claims Court

Case number

LCC 119/2024

Judge

Ncube

The court granted an eviction under ESTA, dismissing points in limine and finding the occupier fell outside ESTA protection due to income.

• Extension Of Security Of Tenure Act
• Eviction
• Notice Of Termination
• Alternative Accommodation
• Compensation For Improvements
• Esta

Ndou and Others v Thulamela Municipality (HCA 01/2023; 1143/2018)

Ndou and Others v Thulamela Municipality (HCA 01/2023; 1143/2018) [2025] ZALMPTHC 5; [2025] 3 All SA 212 (LT) (24 March 2025)

Court

Limpopo High Court, Thohoyandou

Case number

HCA 01/2023

Judges

ASL Van Wyk, TV Ratshibvumo, S Mathabathe

The court found that the respondent proved ownership of the properties and that the appellants' occupation was unlawful and exceeded six months. The court a quo actively investigated all relevant circumstances, including the appellants' personal situations and the availability of alternative accommodation. The appellants failed to provide the required personal information despite being ordered to do so. The respondent offered demarcated residential sites for resettlement. The authority of the respondent's deponent was not properly challenged under Rule 7, rendering the objection meritless. Th…

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• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Municipal Land Ownership
• Alternative Accommodation
• Constitutional Right To Housing
• Authority Of Deponent

VRFT Properties CC and Another v Floris and Others (LANC02R/2025)

VRFT Properties CC and Another v Floris and Others (LANC02R/2025) [2025] ZALCC 15 (14 March 2025)

Court

Land Claims Court

Case number

LANC02R/2025

Judge

Flatela

The Land Claims Court found that the Magistrate's Court erred in applying section 11 of ESTA to the respondents, who had occupied the farm since before 4 February 1997, making section 10 applicable. The Magistrate failed to resolve factual disputes regarding the respondents' residence and did not properly apply the Plascon-Evans principle. The applicants did not make a genuine effort to secure suitable alternative accommodation, and the probation officer's report was not adequately considered. The eviction would result in homelessness, and meaningful engagement and mediation were not sufficie…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Just And Equitable Standard
• Meaningful Engagement
• Alternative Accommodation
• Constitutional Right To Housing

Finbond Mutual Bank v Kgosana and Others (100207/2023)

Finbond Mutual Bank v Kgosana and Others (100207/2023) [2025] ZAGPPHC 96 (30 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

100207/2023

Judge

T E Joyini

The High Court granted an eviction order under PIE, finding the occupiers’ right to remain had ended and that eviction was just and equitable.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Just And Equitable Test
• Locus Standi
• Alternative Accommodation

Emakhazeni Local Municipality v Ngubeni and Another (4716/2024)

Emakhazeni Local Municipality v Ngubeni and Another (4716/2024) [2024] ZAMPMHC 64 (28 November 2024)

Court

Middelburg High Court, Mpumalanga

Case number

4716/2024

Judge

Vele

The application for eviction failed because the applicant did not comply with statutory and constitutional requirements. The applicant did not provide adequate notice to all unlawful occupiers as required by section 4(2) of PIE, nor did it approach the court for directions regarding service on unknown occupiers. As an organ of state, the applicant was required to comply with section 6(1) of PIE and demonstrate consideration of alternative accommodation and the interests of vulnerable groups, which it failed to do. The sale agreement relied upon by the first respondent was not validly amended…

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• Eviction Proceedings
• Prevention Of Illegal Eviction Act
• Service Of Process
• Lis Alibi Pendens
• Section 26 Constitution
• Alternative Accommodation

Leopont 484 Properties (Pty) Ltd and Another v Hendriks and Others (LCC16R2024)

Leopont 484 Properties (Pty) Ltd and Another v Hendriks and Others (LCC16R2024) [2024] ZALCC 37 (25 October 2024)

Court

Land Claims Court

Case number

LCC16R2024

Judge

Mabasa

The Land Claims Court set aside an eviction order under ESTA and remitted the matter, finding the family may be protected dependants requiring 12 months' notice.

• Extension Of Security Of Tenure Act
• Eviction Procedure
• Protected Occupier Rights
• Notice Requirements
• Just And Equitable Eviction
• Alternative Accommodation

Sibeko and Others v A Re Shomeng Project Proprietary Limited and Others (LCC02/2024)

Sibeko and Others v A Re Shomeng Project Proprietary Limited and Others (LCC02/2024) [2024] ZALCC 31 (13 September 2024)

Court

Land Claims Court

Case number

LCC02/2024

Judge

Ncube

The Land Claims Court dismissed an occupiers’ contempt application, condoned a late report, and granted a counter-application ordering relocation to permanent houses.

• Contempt Of Court
• Eviction
• Relocation Order
• Mining Rights
• Alternative Accommodation
• Contempt-of-court

Rustenburg Platinum Mines Limited v Unlawful Occupiers ERF 9[...] Boitekong Extension 3 Rustenburg North West and Others (M130/2022)

Rustenburg Platinum Mines Limited v Unlawful Occupiers ERF 9[...] Boitekong Extension 3 Rustenburg North West and Others (M130/2022) [2024] ZANWHC 227 (9 September 2024)

Court

North West High Court, Mafikeng

Case number

M130/2022

Judge

FMM Reid

The court found that the applicant complied with the procedural requirements of section 4 of the PIE Act, including proper service of notices. The deponent to the founding affidavit was authorised by virtue of his position and personal knowledge. The respondents' occupation was unlawful, as no consent was given by the applicant. While the respondents are vulnerable and have invested in restoring the properties, their occupation does not confer a legal right, and enrichment claims do not justify continued occupation. The applicant's need to house its employees and the deprivation of its proper…

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• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Vulnerable Occupiers
• Authority Of Deponent
• Service Of Notice
• Alternative Accommodation

Unlawful Occupiers Of Portion 2 of ERF 813 Rosettenville Situated at 18 Haig Street, Rosettenville and Others v Okoye and Others (2022/43051)

Unlawful Occupiers Of Portion 2 of ERF 813 Rosettenville Situated at 18 Haig Street, Rosettenville and Others v Okoye and Others (2022/43051) [2024] ZAGPJHC 843 (30 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/43051

Judge

N Manoim

Leave to appeal against an eviction order was dismissed because the order already protected qualifying occupiers and allowed time for accommodation processes.

• Eviction Proceedings
• Alternative Accommodation
• Right To Housing
• Mandamus
• Superior Courts Act
• Socio Economic Rights