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South Africa decisions
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Mayfin (Pty) Ltd v Mthembu and Others (2022/005801) [2022] ZAGPJHC 977 (6 December 2022)
The High Court granted a property owner access to clean and repair a hazardous building, while preventing any interference with occupiers’ continued occupation pending eviction proceedings.
Wigg v Minister of Police (2187/2019) [2022] ZAMPMHC 6 (27 May 2022)
The High Court awarded R540,000 for unlawful arrest, brief detention, and humiliation after police arrested the plaintiff in public and conducted a strip search.
City of Johannesburg v Dladla and Others (403/2015) [2016] ZASCA 66; 2016 (6) SA 377 (SCA) (18 May 2016)
The Supreme Court of Appeal held that the rules of the Ekuthuleni Shelter, including curfews and gender separation, were reasonable and did not constitute unconstitutional infringements of the occupiers' rights to dignity, privacy, or family life. The court emphasized that the constitutional obligation was to provide temporary accommodation in an emergency, not permanent housing, and that the limitations imposed by the Shelter's rules were justified by practical considerations, safety, and the nature of emergency accommodation. The court found that the occupiers had not sought alternative acc…
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Mpange and Others v Sithole (07/7063) [2007] ZAGPHC 202; 2007 (6) SA 578 (W) (22 June 2007)
The court found that the respondent, although not the registered owner, was the lessor and in control of the premises. The applicants were entitled to safe and habitable accommodation, and the respondent had failed to maintain the property in a condition fit for human habitation, resulting in violations of their constitutional rights to adequate housing, dignity, and privacy. While specific performance could be an appropriate remedy, the non-joinder of the registered owner precluded such an order. The court held that a reduction in rental was a fair and effective remedy, reflecting the dimini…
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