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South Africa decisions
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Zinvomax (Pty) Ltd and Others v Iga and Others (1160/21) [2024] ZANCHC 2 (19 January 2024)
The court granted an eviction order against occupiers of municipal commercial property and awarded party-and-party costs, finding the applicants had standing.
Ebony Trust and Others v Nortier and Others (25764/20) [2022] ZAGPPHC 24 (27 January 2022)
The court refused a postponement and granted eviction, finding the applicants proved ownership and the respondents had not shown a proper basis to delay the hearing.
Super Four Developers CC v Mallick and Others (1570/2020) [2021] ZAECPEHC 52 (4 October 2021)
The court found the respondents to be unlawful occupiers under PIE, occupying the applicant's property without consent or any legal right. The respondents failed to provide meaningful information regarding their personal circumstances, employment, or efforts to secure alternative accommodation, despite being legally represented and invited to do so. The municipality engaged with the occupiers and provided a comprehensive report, confirming that some respondents are employed and have means to pay rent, and that no conclusive evidence of homelessness was presented. The applicant demonstrated a…
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PPC Aggregate Quarries (Pty) Ltd v People Who Intend Invading The Remaining Extent Of The Farm Skurweplaas 353, J.R. Tshwane, Gauteng and Others (12289/2010) [2010] ZAGPPHC 606 (5 May 2010)
The applicant established a legal basis for eviction, as the respondents unlawfully occupied the property and failed to provide sufficient information to justify their continued occupation. The municipality, not the applicant, bears the constitutional duty to provide alternative accommodation. To ensure a dignified and orderly eviction, the court suspended the eviction for two months, granting the municipality time to audit the occupiers and provide access to alternative land. The court emphasized that land invasions must not be incentivized and that the rule of law and constitutional values…
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Golden Thread Ltd v People who intend invading portion R25 of the Farm Mooiplaats 355/JR, Tshwane, Gauteng and Others (3492/2010) [2010] ZAGPPHC 262 (2 March 2010)
The High Court confirmed an interim interdict and granted eviction relief against unlawful occupiers of Portion R25, finding eviction just and equitable.
City of Cape Town v All those adult males and females whose names are set out in in Annexure "hs1" to affidavit and who reside at Bluewaters Site B and C, Lukannon Drive, Strandfontein Western Cape and Others (5083/09) [2010] ZAWCHC 32 (24 February 2010)
The High Court granted eviction from Bluewaters, but only with relocation, training, counselling, and other support for vulnerable displaced respondents.
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