S.G.B v S.L.B (D951/2020)
S.G.B v S.L.B (D951/2020) [2020] ZAKZDHC 67 (30 December 2020)
The court found that the applicant retained locus standi to seek the respondent's eviction from the matrimonial home, despite no longer being the registered owner, because his right arises from the marriage relationship and the duty to provide suitable accommodation pending divorce. The respondent's occupation is not unlawful under PIE, as her right to reside in the matrimonial home is sui generis and flows from her status as a spouse, not from ownership or possession. The applicant's tender of alternative accommodation, commensurate with the respondent's needs and at a rental not exceeding R…
Source excerpt
- Matrimonial Home Eviction
- Rule 43 Maintenance
- Suitable Alternative Accommodation
- Locus Standi
- Unlawful Occupier Definition
- Application Of Pie