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South Africa Case Law

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8 Dec 2020

Land And Property [2020] ZAECGHC 143

Nelson Mandela Metropolitan Municipality v Mcanyanga and Others (CA 45/2019)

Nelson Mandela Metropolitan Municipality v Mcanyanga and Others (CA 45/2019) [2020] ZAECGHC 143 (8 December 2020)

Court: Eastern Cape High Court, Grahamstown
Case number: CA 45/2019
Judges: M Makaula, I Schoeman, B Pakati

Appeal dismissed in an eviction dispute; the court held it was not just and equitable to evict long-term occupants without suitable alternative accommodation.

Prevention Of Illegal Eviction Act
Just And Equitable Eviction
Alternative Accommodation
Municipal Housing Policy
Constitutional Right To Housing
Balancing Of Interests

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14 Nov 2019

Land And Property [2019] ZASCA 146

Jones and Others v Sutherland and Another (478/2018)

Jones and Others v Sutherland and Another (478/2018) [2019] ZASCA 146 (14 November 2019)

Court: Supreme Court of Appeal
Case number: 478/2018
Judges: Maya, Tshiqi, Mokgohloa, Nicholls, Dolamo

The Supreme Court of Appeal upheld an eviction under ESTA, finding the occupiers’ right of residence was lawfully terminated and eviction was just and equitable.

Extension Of Security Of Tenure Act
Eviction Procedure
Just And Equitable Termination
Alternative Accommodation
Constitutional Right To Dignity
Balancing Of Interests

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Nelson Mandela Metropolitan Municipality v Mcanyanga and Others (CA 45/2019)

Jones and Others v Sutherland and Another (478/2018)