Telkom SA (Soc) Ltd v Moeletsi and Others (40530/2023)
Telkom SA (Soc) Ltd v Moeletsi and Others (40530/2023) [2023] ZAGPJHC 590 (30 May 2023)
The applicant failed to establish the jurisdictional requirements for an urgent interim eviction order under section 5 of PIE. While there is a general risk associated with dolomitic ground and sinkhole formation, the expert report did not support the conclusion that the entire property required immediate evacuation or that eviction would enhance the safety of the residents. The facts did not demonstrate an imminent danger to persons or property necessitating eviction, nor did they show that the hardship to Telkom outweighed the likely hardship to the residents, who faced homelessness. Furthe…
Source excerpt
- Prevention Of Illegal Eviction Act
- Urgent Interim Eviction
- Balance Of Hardship
- Dolomite Instability
- Homelessness Risk