Mphoka v Kekana (HCA14/2016)
Mphoka v Kekana (HCA14/2016) [2017] ZALMPPHC 26 (30 August 2017)
The appeal was upheld because the Magistrate's Court failed to properly consider whether the eviction was just and equitable as required by section 4(7) of the PIE Act and section 26(3) of the Constitution. The appellant's household included vulnerable persons—an elderly, disabled partner and children—and had occupied the property for over twenty years without alternative accommodation. The Magistrate's Court did not adequately balance the proprietary rights of the respondent against the human rights of the appellant and her family, nor did it consider the specific needs of the vulnerable per…
Source excerpt
- Prevention Of Illegal Eviction Act
- Right To Housing
- Joinder Of Municipality
- Just And Equitable Eviction
- Condonation
- Balancing Proprietary And Human Rights