South Africa Case Law

Bless Joe Trading CC v Ethekwini Municipality (D7596/2020)

Bless Joe Trading CC v Ethekwini Municipality (D7596/2020) [2025] ZAKZDHC 37 (11 June 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D7596/2020

Judge

Mathenjwa

The court found that after the termination of the lease agreement, the defendant failed to remove the displaced people from the plaintiff's tent and ablution facilities, thereby preventing the plaintiff from regaining possession. The continued occupation constituted holding over, and the defendant, as a sphere of government, was liable for the damages arising from the loss of use of the plaintiff's property. The defendant's argument that the plaintiff voluntarily refrained from taking possession was rejected, as the defendant itself admitted that it had no alternative accommodation and could…

Source excerpt

• Holding Over
• Lease Agreement Termination
• Damages For Loss Of Use
• Municipal Obligations
• Preferential Procurement
• Constitutional Right To Housing

Firstrand Bank Limited v Molutsi and Another (2024/026824)

Firstrand Bank Limited v Molutsi and Another (2024/026824) [2025] ZAGPPHC 538 (27 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/026824

Judge

H F Jacobs

Bank obtained judgment for the outstanding loan amount and execution against mortgaged property after the court found section 129 notice compliance and rejected housing-based objection.

• National Credit Act Compliance
• Mortgage Enforcement
• Suretyship Liability
• Section 129 Notice
• Constitutional Right To Housing
• National-credit-act-compliance

Nedbank Limited v Ngcobo (2023/073022)

Nedbank Limited v Ngcobo (2023/073022) [2025] ZAGPJHC 478 (20 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/073022

Judge

Windell

The respondent admits her default under the home loan agreement and has made no meaningful proposal to settle the outstanding debt. Her offer to pay R25 000 per month is inadequate given the extent of the arrears and compounding interest, and undermines her claim of indigence. The constitutional right to housing does not entitle her to indefinite occupation of the property in the face of prolonged non-payment. The section 129 notice was properly served, and the respondent's failure to act upon it is not legally sustainable. The amount claimed exceeds the jurisdiction of the Magistrates’ Court…

Source excerpt

• Summary Judgment
• Mortgage Enforcement
• Execution Against Primary Residence
• Rule 46a
• Constitutional Right To Housing

Pieters and Another v Stemmet and Another (079/2024)

Pieters and Another v Stemmet and Another (079/2024) [2025] ZASCA 60; [2025] 3 All SA 304 (SCA) (14 May 2025)

Court

Supreme Court of Appeal

Case number

079/2024

Judges

Meyer, Matojane, Unterhalter, Keightley, Windell

The Supreme Court of Appeal held that the property, although situated within a township, is designated for agricultural purposes by virtue of its 'rural' zoning under the City of Cape Town's Development Management Scheme. This designation brings the property within the ambit of ESTA, as contemplated by section 2(1)(a) of the Act. The Court rejected the Land Claims Court's distinction between 'rural' and 'agricultural' zoning, finding it artificial and unsupported by the relevant planning instruments. The appellants, having resided on the property with the respondents' knowledge and consent si…

Source excerpt

• Extension Of Security Of Tenure Act
• Land Zoning
• Eviction
• Constitutional Right To Housing

Appollis and Another and Breede Valley Municipality and Others (09986/2025)

Appollis and Another and Breede Valley Municipality and Others (09986/2025) [2025] ZAWCHC 138 (24 March 2025)

Court

Western Cape High Court, Cape Town

Case number

09986/2025

Judge

Slingers

The court dismissed a rescission counterapplication, found the municipality failed to protect alternative accommodation land, and ordered it to provide suitable vacant land within 30 days.

• Prevention Of Illegal Eviction Act
• Extension Of Security Of Tenure Act
• Municipal Obligations
• Urgent Interdict
• Rescission Of Order
• Constitutional Right To Housing

Ndou and Others v Thulamela Municipality (HCA 01/2023; 1143/2018)

Ndou and Others v Thulamela Municipality (HCA 01/2023; 1143/2018) [2025] ZALMPTHC 5; [2025] 3 All SA 212 (LT) (24 March 2025)

Court

Limpopo High Court, Thohoyandou

Case number

HCA 01/2023

Judges

ASL Van Wyk, TV Ratshibvumo, S Mathabathe

The court found that the respondent proved ownership of the properties and that the appellants' occupation was unlawful and exceeded six months. The court a quo actively investigated all relevant circumstances, including the appellants' personal situations and the availability of alternative accommodation. The appellants failed to provide the required personal information despite being ordered to do so. The respondent offered demarcated residential sites for resettlement. The authority of the respondent's deponent was not properly challenged under Rule 7, rendering the objection meritless. Th…

Source excerpt

• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Municipal Land Ownership
• Alternative Accommodation
• Constitutional Right To Housing
• Authority Of Deponent

Burger and Others v Schrader and Others (LANC01R/2025)

Burger and Others v Schrader and Others (LANC01R/2025) [2025] ZALCC 14 (20 March 2025)

Court

Land Claims Court

Case number

LANC01R/2025

Judge

Ntshalintshali MC

Automatic review of an ESTA eviction order. The Land Claims Court confirmed the eviction in part, found section 11 applied, and ordered municipal emergency housing.

• Extension Of Security Of Tenure Act
• Eviction Procedure
• Right To Family Life
• Just And Equitable Termination
• Municipal Housing Obligation
• Constitutional Right To Housing

VRFT Properties CC and Another v Floris and Others (LANC02R/2025)

VRFT Properties CC and Another v Floris and Others (LANC02R/2025) [2025] ZALCC 15 (14 March 2025)

Court

Land Claims Court

Case number

LANC02R/2025

Judge

Flatela

The Land Claims Court found that the Magistrate's Court erred in applying section 11 of ESTA to the respondents, who had occupied the farm since before 4 February 1997, making section 10 applicable. The Magistrate failed to resolve factual disputes regarding the respondents' residence and did not properly apply the Plascon-Evans principle. The applicants did not make a genuine effort to secure suitable alternative accommodation, and the probation officer's report was not adequately considered. The eviction would result in homelessness, and meaningful engagement and mediation were not sufficie…

Source excerpt

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Just And Equitable Standard
• Meaningful Engagement
• Alternative Accommodation
• Constitutional Right To Housing

Body Corporate of Nonsa Court v Mothoagae and Another (058372/2022)

Body Corporate of Nonsa Court v Mothoagae and Another (058372/2022) [2025] ZAGPPHC 234 (3 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

058372/2022

Judge

N Janse Van Nieuwenhuizen

The High Court authorised execution against a sectional-title unit for unpaid levies, set a reserve price of R600,000, and suspended execution for two months.

• Execution Against Immovable Property
• Sectional Titles Management Act
• Reserve Price Setting
• Constitutional Right To Housing
• Execution-against-immovable-property
• Rule-46a

Firstrand Bank Limited v Mokone (24509/2022)

Firstrand Bank Limited v Mokone (24509/2022) [2025] ZAGPPHC 104 (31 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

24509/2022

Judge

Ellis AJ

The court granted summary judgment in a mortgage enforcement matter, upheld section 129 compliance, and ordered execution against the defendant’s property.

• Summary Judgment
• Mortgage Bond Enforcement
• Primary Residence Execution
• Section 129 Notice
• Reserve Price Setting
• Constitutional Right To Housing