South Africa Case Law

City of Ekurhuleni Metropolitan Municipality v Mohanlal and Another (19/26907)

City of Ekurhuleni Metropolitan Municipality v Mohanlal and Another (19/26907) [2025] ZAGPJHC 109 (11 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

19/26907

Judge

S Van Nieuwenhuizen

The High Court granted a municipality’s eviction application after finding the respondent had no proven renewed lease, her occupation was not bona fide, and eviction was just and equitable under PIE.

• Prevention Of Illegal Eviction Act
• Lease Termination
• Just And Equitable Eviction
• Municipal Housing Policy
• Notice Requirements
• Emergency Housing Programme

Commando and Others v Woodstock Hub (Pty) Ltd and Another (13946/15; 13947/15; 13951/15; 13952/15)

Commando and Others v Woodstock Hub (Pty) Ltd and Another (13946/15; 13947/15; 13951/15; 13952/15) [2021] ZAWCHC 179; [2021] 4 All SA 408 (WCC) (6 September 2021)

Court

Western Cape High Court, Cape Town

Case number

13946/15; 13947/15; 13951/15; 13952/15

Judge

M Sher

The court found that the City of Cape Town's emergency housing programme and its implementation in relation to persons rendered homeless by eviction in the inner City, Woodstock, and Salt River is unconstitutional. The City's policies and practices were inconsistent, arbitrary, and resulted in irrational and unreasonable differentiation between similarly situated evictees. The City failed to provide a comprehensive, workable, and coherent emergency housing plan, and its reliance on financial constraints and lack of available land was inadequately substantiated. The court held that the City is…

Source excerpt

• Right Of Access To Housing
• Emergency Housing Programme
• Unlawful Eviction
• Municipal Obligations
• Progressive Realisation Of Rights
• Irrational And Arbitrary Policy

Mogale City Local Municipality v Black Tad Investments CC (889/2017)

Mogale City Local Municipality v Black Tad Investments CC (889/2017) [2018] ZASCA 74 (31 May 2018)

Court

Supreme Court of Appeal

Case number

889/2017

Judges

Shongwe, Mbha, Van der Merwe, Mocumie, Plasket

The Supreme Court of Appeal held that the municipality owed the occupiers of Stand 48 Steynsvlei a statutory and constitutional obligation to provide emergency accommodation under the Emergency Housing Programme. The municipality repeatedly failed to comply with court orders requiring meaningful engagement and reporting, and its submissions did not dispute its obligations. The court found that the municipality's conduct prejudiced both the eviction proceedings and the owner's rights. The municipality's argument regarding the applicability of ESTA was not properly pleaded and could not be ente…

Source excerpt

• Right Of Access To Housing
• Emergency Housing Programme
• Structural Interdict
• Municipal Obligations
• Eviction Proceedings
• Just And Equitable Relief

Blue Moonlight Properties 39 (Pty) Limited v Occupiers of Saratoga Avenue and Another (2006/11442)

Blue Moonlight Properties 39 (Pty) Limited v Occupiers of Saratoga Avenue and Another (2006/11442) [2008] ZAGPHC 275 (12 September 2008)

Court

High Courts - Gauteng

Case number

2006/11442

Judge

T M Masipa

The court held that the City of Johannesburg is constitutionally and statutorily obliged to provide meaningful, case-specific information regarding emergency accommodation for unlawful occupiers facing eviction from private property. The City's submission of a generic report, which excluded the applicants from emergency housing programmes, was found to be inadequate and at odds with its obligations under the Constitution, the Housing Act, and the Prevention of Illegal Eviction Act. The court emphasised that each eviction case must be considered on its unique facts, and municipalities must inv…

Source excerpt

• Right Of Access To Housing
• Municipal Obligations
• Structural Interdict
• Eviction Procedure
• Prevention Of Illegal Eviction Act
• Emergency Housing Programme