South Africa Case Law

City Mission t/a Cape Town Mission v City Mission Education Services t/a CMES and Others (20009/2017)

City Mission t/a Cape Town Mission v City Mission Education Services t/a CMES and Others (20009/2017) [2024] ZAWCHC 422 (13 December 2024)

Court

Western Cape High Court, Cape Town

Case number

20009/2017

Judge

Van den Berg AJ

The Court found that the plaintiff is the registered owner of the property and that the first defendant's occupation was initially lawful under a lease agreement, which was validly terminated after repeated breaches and expiry. The first defendant failed to regularise its occupation or pay arrears despite ample opportunity and notice. The arguments advanced by the first defendant regarding duress, conflict of interest, and zoning were unsupported by credible evidence and did not establish a legal right to remain. The Court considered the constitutional rights of the children and the obligatio…

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• Eviction Of Unlawful Occupier
• Rei Vindicatio
• Best Interests Of The Child
• Lease Agreement Termination
• Horizontal Application Of Bill Of Rights
• School Relocation

R and Others (45675/2014), R v

R and Others (45675/2014), R v [2015] ZAGPPHC 1138 (24 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

45675/2014

Judge

E.I. Moosa

The court found that the applicant is the registered owner of the property and that the 1st respondent's right of occupation, derived from the divorce settlement agreement, was lawfully terminated after he failed to comply with its terms, including vacating the property and meeting financial obligations. The 1st respondent's continued occupation was deemed unlawful under the PIE Act. His offer to purchase the property was not a valid defence, as he failed to secure bond finance, did not make a market-related offer, and the applicant was under no obligation to sell to him. The court held that…

Source excerpt

• Prevention Of Illegal Eviction Act
• Eviction Of Unlawful Occupier
• Divorce Settlement Enforcement
• Just And Equitable Eviction
• Condonation Application
• Termination Of Occupational Rights

Ives v Rajah (A205/2011)

Ives v Rajah (A205/2011) [2011] ZAWCHC 390; 2012 (2) SA 167 (WCC) (23 September 2011)

Court

Western Cape High Court, Cape Town

Case number

A205/2011

Judges

Zondi, Rogers

The court held that, although the appellant is disabled and her circumstances are unfortunate, the statutory framework under PIE excludes the requirement for the municipality to provide alternative accommodation where the property is sold in execution pursuant to a mortgage. The rights and needs of disabled persons must be considered, but the appellant failed to proactively engage with the City or provide sufficient evidence of her disability's impact. The City of Cape Town's report and oral evidence confirmed that no accommodation could be provided, and further engagement would not have chan…

Source excerpt

• Prevention Of Illegal Eviction Act
• Eviction Of Unlawful Occupier
• Just And Equitable Eviction
• Municipal Housing Obligations
• Rights Of Disabled Persons
• Constitutional Right To Housing

Durban Point Development Company (Pty) Ltd v Durban Paddle Ski Club (8525/2009)

Durban Point Development Company (Pty) Ltd v Durban Paddle Ski Club (8525/2009) [2011] ZAKZPHC 39 (9 September 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8525/2009

Judge

Murugasen

The court granted an eviction order against a lessee whose lease had been lawfully terminated, finding no binding relocation undertaking and rejecting public-interest objections.

• Eviction Of Unlawful Occupier
• Termination Of Lease
• Public Interest In Land Use
• Planning Approvals
• Undertaking In Landlord Tenant
• Costs Order