South Africa Case Law

Mkhonza and Others v City of Johannesburg and Others (10190/2020)

Mkhonza and Others v City of Johannesburg and Others (10190/2020) [2020] ZAGPJHC 117 (21 April 2020)

Court

South Gauteng High Court, Johannesburg

Case number

10190/2020

Judge

S C Mia

The court found that the applicants failed to rebut the respondents' version that only incomplete, unoccupied structures were demolished and that no lawful occupiers were evicted. The applicants' affidavits contained internal inconsistencies, and some individuals cited as suffering hardship were not proven to be lawful occupiers. The applicants did not file a replying affidavit to address the respondents' denial of unlawful eviction or demolition. Applying the Plascon-Evans rule, the facts as presented by the respondents, together with the admitted facts, did not justify the final relief soug…

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• Eviction
• Demolition Of Structures
• Urgent Interdict
• Right To Housing
• Covid19 Lockdown Regulations

Homeless People Housing Co-operative Ltd and Others v Sheriff Kempton Park and Tembisa and Others (24505/2019)

Homeless People Housing Co-operative Ltd and Others v Sheriff Kempton Park and Tembisa and Others (24505/2019) [2019] ZAGPPHC 354 (3 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

24505/2019

Judge

D S Fourie

The court found that the order granted by Millar AJ was clear and unambiguous in authorising the Sheriff to demolish all structures, occupied or unoccupied, erected since 19 April 2019. The wording of the order, specifically paragraph 5.2, did not qualify the demolition to unoccupied structures only. The applicants did not dispute the validity of the order at the relevant time and failed to seek its variation or rescission. As a result, the demolition of occupied structures on 16 May 2019 was lawful and properly authorised by the court order. The application was dismissed, and the counter-app…

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• Interpretation Of Court Orders
• Eviction Proceedings
• Section 26 Constitution
• Demolition Of Structures
• Contempt Of Court
• Prevention Of Illegal Eviction Act

Minister of Public Works v Nieuwoudt and Others (1511/2006)

Minister of Public Works v Nieuwoudt and Others (1511/2006) [2007] ZANCHC 50 (18 August 2007)

Court

Northern Cape High Court, Kimberley

Case number

1511/2006

Judge

C.C Williams

The High Court confirmed a rule nisi and granted eviction and demolition orders against occupiers of unsurveyed, unregistered state land in Namaqualand.

• Eviction
• Demolition Of Structures
• State Land Occupation
• Unlawful-occupation
• State-land
• Demolition-of-structures

Ehlers and Others v Rand Water Board (484/2004)

Ehlers and Others v Rand Water Board (484/2004) [2005] ZASCA 122; [2006] 2 All SA 121 (SCA); 2006 (3) SA 299 (SCA) (30 November 2005)

Court

Supreme Court of Appeal

Case number

484/2004

Judges

MPATI DP, ZULMAN, CAMERON, NUGENT, COMBRINCK

The Supreme Court of Appeal held that conditional plan approval did not amount to written consent to build below the flood control line, and dismissed the appeal.

• Physical Planning Act
• Flood Control Line
• Sectional Titles Scheme
• Statutory Consent
• Demolition Of Structures
• Sectional-titles