South Africa Case Law

Telkom SA (Soc) Ltd v Moeletsi and Others (40530/2023)

Telkom SA (Soc) Ltd v Moeletsi and Others (40530/2023) [2023] ZAGPJHC 590 (30 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

40530/2023

Judge

S D J Wilson

The applicant failed to establish the jurisdictional requirements for an urgent interim eviction order under section 5 of PIE. While there is a general risk associated with dolomitic ground and sinkhole formation, the expert report did not support the conclusion that the entire property required immediate evacuation or that eviction would enhance the safety of the residents. The facts did not demonstrate an imminent danger to persons or property necessitating eviction, nor did they show that the hardship to Telkom outweighed the likely hardship to the residents, who faced homelessness. Furthe…

Source excerpt

• Prevention Of Illegal Eviction Act
• Urgent Interim Eviction
• Balance Of Hardship
• Dolomite Instability
• Homelessness Risk

Hunadi -a- Mahlakudi Construction & Enterprise v Mulalo Business Enterprise CC and Others (6400/2020)

Hunadi -a- Mahlakudi Construction & Enterprise v Mulalo Business Enterprise CC and Others (6400/2020) [2020] ZALMPPHC 90 (20 October 2020)

Court

Limpopo High Court, Polokwane

Case number

6400/2020

Judge

Naude

The court refused to enforce a final interdict pending appeal under section 18, finding no exceptional circumstances and no irreparable harm to the applicant.

• Specific Performance
• Interdict
• Section 18 Superior Courts Act
• Balance Of Hardship
• Exceptional Circumstances
• Section-18-superior-courts-act

SWDC Holdings (Pty) Limited v Buthelezi and Others (16494/2018)

SWDC Holdings (Pty) Limited v Buthelezi and Others (16494/2018) [2018] ZAGPJHC 456 (22 May 2018)

Court

South Gauteng High Court, Johannesburg

Case number

16494/2018

Judge

Sutherland

The High Court granted interim eviction relief under section 5 of PIE against three respondents, finding imminent danger, hardship in the applicant’s favour, and no effective alternative remedy.

• Prevention Of Illegal Eviction Act
• Urgent Eviction
• Balance Of Hardship
• Prima Facie Rights
• Interim Interdict
• Urgent-eviction

Spaarveld Boerdery (Edms) Bpk v Sefawa and Others (LCC 195/10)

Spaarveld Boerdery (Edms) Bpk v Sefawa and Others (LCC 195/10) [2011] ZALCC 14 (12 December 2011)

Court

Land Claims Court

Case number

LCC 195/10

Judges

M Mpshe, C Loots

The Court found that condonation for the late filing of the appeal should be granted as the delay was not excessive and the respondents would not be prejudiced. The Land Claims Court has jurisdiction because the Magistrate’s decision was made in terms of ESTA. The second to fifth respondents are 'occupiers' as defined by ESTA, having acquired their right of residence through the consent given to the first respondent. The appellant lawfully terminated their right of residence and provided suitable alternative accommodation, as required by ESTA. The requirements for eviction under sections 8, 9…

Source excerpt

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Suitable Alternative Accommodation
• Right To Housing
• Condonation
• Balance Of Hardship

Mailula v Mashele and Others

Mailula v Mashele and Others [2008] ZAGPHC 451; 53/08/01 (13 November 2008)

Court

High Courts - Gauteng

Case number

4453/08

Judge

Willis

The court found that both parties would suffer prejudice regardless of the order made, but the balance of hardship favoured the applicant. The applicant faced the risk of foreclosure and substantial financial loss if unable to develop the property and service debts, including mortgage and arrears to service providers. The respondents, while not indigent, had not paid rentals to the applicant and their tender did not address the applicant's principal concern of liquidating the debt. The court accepted that there were reasonable prospects of success on appeal but emphasized the necessity of bal…

Source excerpt

• Eviction
• Leave To Execute Pending Appeal
• Balance Of Hardship
• Mortgage Foreclosure

Mailula v Mashele and Others (4453/08)

Mailula v Mashele and Others (4453/08) [2008] ZAGPHC 432 (13 November 2008)

Court

High Courts - Gauteng

Case number

4453/08

Judge

Willis

The High Court granted leave to execute an eviction order pending appeal, finding the owner’s financial prejudice and development concerns outweighed the occupiers’ hardship.

• Leave To Execute Pending Appeal
• Eviction
• Balance Of Hardship
• Mortgage Foreclosure
• Arrear Utilities
• Leave-to-execute-pending-appeal

Van Heerden v Magaga and Others (LCC48R/2007)

Van Heerden v Magaga and Others (LCC48R/2007) [2007] ZALCC 13 (11 July 2007)

Court

Land Claims Court

Case number

LCC48R/2007

Judge

T Ncube

The Land Claims Court found that the magistrate failed to properly apply his mind to the facts and did not consider all relevant circumstances as required by section 26(3) of the Constitution. The applicant did not prove that the respondents were not dependants of the late Menzi, nor did he establish that the requirements of section 15(1)(a)-(d) of the Extension of Security of Tenure Act were met. The evidence did not support the allegations of damage or imminent danger, and the hardship to the respondents, including a minor child, outweighed any hardship to the applicant. No adequate arrange…

Source excerpt

• Extension Of Security Of Tenure Act
• Urgent Eviction Application
• Constitutional Right To Housing
• Balance Of Hardship
• Oral Evidence Dispute
• Restoration Of Occupation