South Africa Case Law

Logos Carriers CC v Rowland and Others (LCC137/2021)

Logos Carriers CC v Rowland and Others (LCC137/2021) [2024] ZALCC 11 (15 March 2024)

Court

Land Claims Court

Case number

LCC137/2021

Judge

Flatela

The court found that the respondents failed to demonstrate reasonable prospects of success on appeal regarding the majority of their grounds. The applicant complied with the procedural requirements under ESTA, including service of notices and attempts at meaningful engagement. The respondents, through their representative, concealed the identities of occupiers and did not respond to invitations for engagement or mediation. The court held that the obligation to provide alternative accommodation rests with the state and municipality, not the applicant. The court considered the probation reports…

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• Eviction Proceedings
• Extension Of Security Of Tenure Act
• Land Claims
• Bill Of Rights Limitation
• Meaningful Engagement
• Emergency Housing

Pietersen and Others v Drakenstein Municipality and Others (LCC88/2019B)

Pietersen and Others v Drakenstein Municipality and Others (LCC88/2019B) [2023] ZALCC 45 (18 December 2023)

Court

Land Claims Court

Case number

LCC88/2019B

Judge

Ncube

The Land Claims Court is a creature of statute and derives its powers from the Restitution of Land Rights Act. Section 35(11) of the Act expressly prohibits the court from varying or suspending orders made by the Supreme Court of Appeal; such applications must be made to the appellate court itself. The relief sought by the applicants, including suspension, variation, or addition to the SCA order, falls outside the jurisdiction of this court. The municipality has not discharged its obligation under the SCA order, as it has only made offers of accommodation but has not made emergency housing av…

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• Eviction Proceedings
• Contempt Of Court
• Emergency Housing
• Jurisdiction Of Land Claims Court
• Constitutional Right To Housing
• Variation Of Court Orders

Vacation Import (Pty) Ltd v Bumina and Others (3852/2022; 3855/2022)

Vacation Import (Pty) Ltd v Bumina and Others (3852/2022; 3855/2022) [2023] ZAWCHC 162 (10 July 2023)

Court

Western Cape High Court, Cape Town

Case number

3852/2022; 3855/2022

Judge

A.G. Binns-Ward

The City of Cape Town’s reports do not provide sufficient information regarding the feasibility of alternative accommodation for the unlawful occupiers, as required by section 4(7) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. The reports fail to address whether land can reasonably be made available for relocation, and the proposed emergency shelter solution is not shown to be practically viable. Without adequate information, the court cannot form the required opinion that eviction would be just and equitable. The applications for eviction are therefore postp…

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• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Municipal Obligations
• Alternative Accommodation
• Emergency Housing
• Procedural Fairness

Ocean Monarch CC v Jazman and Others (21717/2018)

Ocean Monarch CC v Jazman and Others (21717/2018) [2019] ZAWCHC 119 (2 September 2019)

Court

Western Cape High Court, Cape Town

Case number

21717/2018

Judge

Binns-Ward

The court found that the respondents were unlawful occupiers under PIE, having no legal right to remain and having failed to pay rent. The requirements of PIE were satisfied, and alternative emergency housing was available through the City of Cape Town. The respondents' refusal to accept the offered accommodation at Kampies was not justified by any demonstrable risk of xenophobic violence. The applicant's property rights under s 25 of the Bill of Rights were entitled to protection, and it would be just and equitable for the respondents to vacate the property by a specified date. The City fail…

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• Prevention Of Illegal Eviction Act
• Municipal Duties In Eviction
• Just And Equitable Eviction
• Emergency Housing
• Bill Of Rights Property
• Costs Orders Against Municipality

Goosen and Others v Mont Chevaux Trust (148/2015)

Goosen and Others v Mont Chevaux Trust (148/2015) [2017] ZASCA 89 (6 June 2017)

Court

Supreme Court of Appeal

Case number

148/2015

Judges

Shongwe, Ponnan, Petse, Mbha, Van der Merwe

The Supreme Court of Appeal held that the Land Claims Court was correct to confirm the eviction order in respect of the first to sixteenth appellants, as the requirements of ESTA had been met and the appellants' conduct justified eviction. The court found that, although there was technical non-compliance with certain notice provisions, the substantive purpose of the statutory requirements had been achieved and the appellants had effective opportunity to make representations. The court emphasized that the municipality has a constitutional obligation to provide emergency accommodation to those…

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• Extension Of Security Of Tenure Act
• Eviction Procedure
• Municipal Obligations
• Emergency Housing
• Automatic Review
• Constitutional Right To Housing

Jacobs v Communicare and Another (A389/2016)

Jacobs v Communicare and Another (A389/2016) [2017] ZAWCHC 24; 2017 (4) SA 412 (WCC) (14 March 2017)

Court

Western Cape High Court, Cape Town

Case number

A389/2016

Judges

Gamble, Kose

High Court appeal in an eviction dispute dismissed, but the court extended the notice to vacate after finding a procedural gap in the municipal-report process.

• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Municipal Reporting Obligation
• Emergency Housing
• Notice Period
• Constitutional Right To Housing

Claasen and Others v MEC for Transport and Public Works, Western Cape Provincial Department and Another (23595/2015)

Claasen and Others v MEC for Transport and Public Works, Western Cape Provincial Department and Another (23595/2015) [2016] ZAWCHC 167 (11 November 2016)

Court

Western Cape High Court, Cape Town

Case number

23595/2015

Judge

Davis

The Court found that the eviction order granted by Blignault J failed to comply with the constitutional and statutory requirements for eviction, particularly the duty to conduct a comprehensive enquiry into the circumstances of the occupiers and to ensure meaningful engagement and provision of alternative accommodation. The applicants, though procedurally defaulting, were vulnerable, lacked resources and legal knowledge, and were not adequately notified or engaged. The respondents did not provide sufficient information about the identities and circumstances of the occupiers, nor did they ensu…

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• Eviction
• Rescission Of Judgment
• Right To Adequate Housing
• Meaningful Engagement
• Public Interest Standing
• Emergency Housing

Mpume v Drakenstein Municipality and Another (128/2014)

Mpume v Drakenstein Municipality and Another (128/2014) [2016] ZALCC 11 (24 June 2016)

Court

Land Claims Court

Case number

128/2014

Judges

Carelse, Yacoob

The applicant and his family were rendered homeless following eviction, and the Municipality conceded its obligation to provide temporary emergency accommodation under its own housing policy and the Constitution. The Municipality failed to provide evidence of lack of resources and did not plan for the applicant's foreseeable homelessness, despite categorizing him as a special needs person since 2014. The applicant established a prima facie right to interim relief, a well-grounded apprehension of irreparable harm, and the absence of a satisfactory alternative remedy. The balance of convenience…

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• Interim Interdict
• Emergency Housing
• Joinder Of Parties
• Municipal Obligations
• Eviction
• Constitutional Right To Housing

Farm Goedgedacht 228 (Pty) Ltd v Illegal invaders and/or occupiers on portion 4 (A portion of portion 1) of Farm Goedegedacht 228 and Others (283/2015)

Farm Goedgedacht 228 (Pty) Ltd v Illegal invaders and/or occupiers on portion 4 (A portion of portion 1) of Farm Goedegedacht 228 and Others (283/2015) [2016] ZALCC 2 (23 February 2016)

Court

Land Claims Court

Case number

283/2015

Judge

Ngcukaitobi

The court found that the property had been invaded on a grand scale by persons who recently took occupation without the owner's consent. After an inspection in loco, the facts became largely common cause, and the relief sought was confined to recent invaders, not long-term occupiers. The requirements of ESTA were considered, and the court was satisfied that the eviction order, as crafted, met the test of justice and equity. The order provided for the identification and protection of fifteen vulnerable households, mandated emergency housing for them, and set out a process for the removal of un…

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• Eviction
• Extension Of Security Of Tenure Act
• Urgent Interdict
• Justice And Equity
• Unlawful Occupation
• Emergency Housing

Occupiers of Erven 87 & 88 Berea v Frederick N.O and Another (2013/24254)

Occupiers of Erven 87 & 88 Berea v Frederick N.O and Another (2013/24254) [2016] ZAGPJHC 211 (5 February 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2013/24254

Judge

L Adams

The High Court dismissed an application for leave to appeal against refusal of rescission of an eviction order, finding no reasonable prospect of a different outcome.

• Eviction Proceedings
• Rescission Of Judgment
• Waiver Of Rights
• Emergency Housing
• Constitutional Rights Of Occupiers
• Eviction-proceedings