South Africa Case Law

Mathale v Linda and Another (CCT22/15)

Mathale v Linda and Another (CCT22/15) [2015] ZACC 38; 2016 (2) BCLR 226 (CC); 2016 (2) SA 461 (CC) (2 December 2015)

Court

Constitutional Court

Case number

CCT22/15

Judges

Mogoeng, Moseneke, Cameron, Jafta, Khampepe, Madlanga, Matojane, Nkabinde, Van der Westhuizen, Wallis, Zondo

The Constitutional Court held that execution orders granted under section 78 of the Magistrates' Court Act are appealable if they have the effect of a final judgment, particularly where they result in irreparable harm such as homelessness. The High Court erred by applying the wrong standard, focusing on the interests of justice rather than whether the order was final in effect. The Magistrates' Court failed to properly consider the applicant's prospects of success on appeal, the irreparable harm of eviction, and the questionable standing of the first respondent to seek eviction. The balance o…

Source excerpt

• Right To Housing
• Eviction
• Magistrates Court Act Section 78
• Final Judgment Effect
• Municipal Housing Obligations
• Appealability Of Execution Orders