Residents of Farm Greydell (Airport Park) and Another v National Department of Public Works and Another (EL 738/2020) [2020] ZAECELLC 20 (21 September 2020)
Court
Eastern Cape High Court, East London Local Court
Case number
EL 738/2020
Judge
Hartle
The court upheld a locus standi objection against the first applicant in an eviction-related constitutional application, and postponed the rest of the matter.
Ntantana and Others v Mhlontlo Local Municipality and Another (CA51/15, CA52/15, 75/15/ 76/15, 3412/14, 3434/14, 3407/14) [2016] ZAECMHC 10 (5 April 2016)
The court found that the summary demolition of the appellants' homes and their eviction without a court order constituted a violation of their constitutional rights under section 26(3) of the Constitution. The court a quo erred in treating the applications strictly as spoliation proceedings and in refusing relief on the basis that restoration was impossible. The Supreme Court of Appeal's decision in Tswelopele established that constitutional relief, including reconstituted restoration, may be granted even where the mandament van spolie does not apply. The respondents, as organs of state, are…
