Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Phiri and Others v National Savings and Investments (PTY) Ltd and Another (22/15178) [2022] ZAGPJHC 843 (28 October 2022)
The High Court discharged a rule nisi, upheld eviction enforcement, rejected spoliation relief, found the matter lis pendens, and ordered attorney-and-client costs.
Commercial Stevedoring Agricultural & Allied Workers Union and Others v Oak Valley Estates (Pty) Limited and Another (CA11/19) [2020] ZALAC 68; (2022) 43 ILJ 1241 (LAC) (17 November 2020)
The Labour Appeal Court held that the Labour Court's order was impermissibly broad and, in effect, amounted to an eviction order by preventing employees from accessing their homes on the employer's premises except for work or picketing in accordance with the rules. This contravened constitutional protections and the principles set out in Zulu v eThekwini Municipality. The Court further found that the Labour Court lacked jurisdiction to adjudicate breaches of picketing rules without prior conciliation by the CCMA, as required by section 69 of the Labour Relations Act. The order was also found…
Source excerpt
ZM and Others v Windmeul Kelder and Others (LCC275D/2017) [2019] ZALCC 17 (12 June 2019)
The court found that the second eviction order subsumed and replaced the first, rendering the first order without independent effect. The applicants failed to establish that their attorney, Ms. Macnab, acted without a mandate; the evidence, including contemporaneous communications, supported that she acted on instructions. The requirements for rescission under Rule 64 and section 35(11) of the Restitution Act were not met, as no ambiguity, error, fraud, or common mistake was proven. The eviction was executed pursuant to a valid court order, and no contravention of ESTA was established. The Mu…
Source excerpt
Maphoto and Others v Minister of Police and Another (A3109/17) [2018] ZAGPJHC 442 (20 June 2018)
The High Court held the appellants’ arrest and detention unlawful, but dismissed their malicious prosecution claim. The matter was sent back for damages on the first claim.
Snyders and Others v De Jager (Joinder) (CCT186/15) [2016] ZACC 54; 2017 (5) BCLR 604 (CC) (21 December 2016)
The majority held that Mr Breda and his family, as current occupants of the house, have a direct and substantial interest in the outcome of the proceedings because any order granting reoccupation to the applicants would necessarily affect their rights. Failure to join them would render the court's order ineffective, as the applicants could not regain possession without an eviction order against the current occupants. The Court emphasized that no person may be evicted without being heard, in line with constitutional and statutory requirements. Joinder ensures that all affected parties are hear…
Source excerpt
Samuels v S (A558/13, 9/1227/13) [2016] ZAWCHC 33; 2016 (2) SACR 298 (WCC) (31 March 2016)
The High Court upheld an appeal against a contempt conviction, finding the trial court should have entered a not-guilty plea and that the sentence condition was invalid.
Snyders v De Jager (20469/2014) [2015] ZASCA 137; 2016 (5) SA 218 (SCA) (30 September 2015)
The SCA held it lacked jurisdiction over an appeal from an LCC order confirming an eviction on automatic review under ESTA, and struck the matter from the roll.
Occupiers of Saratoga Avenue v City of Johannesburg Metropolitan Municipality and Another (CCT 12/12) [2012] ZACC 9; 2012 (9) BCLR 951 (CC) (24 May 2012)
The Constitutional Court held that it was not the appropriate forum to enforce or vary its own order made on appeal, as such orders become orders of the court of first instance and should be enforced there. The application was premature, as the City had not yet failed to comply with its obligation to provide temporary accommodation, and had given an unequivocal assurance that it would do so. The Court found no basis for varying the original order to include persons occupying through the named Occupiers, nor for postponing the eviction date, especially as a settlement agreement had already bee…
Source excerpt
Residents of Joe Slovo Community, Western Cape v Thebelisha Homes and Others (CCT 22/08) [2011] ZACC 8; 2011 (7) BCLR 723 (CC) (31 March 2011)
The Constitutional Court discharged a prior supervised eviction order for the Joe Slovo settlement, finding changed circumstances made it no longer just and equitable.
Nkosi and Others v Greyling and Others (LCC45/05) [2009] ZALCC 15 (25 November 2009)
Leave to appeal and condonation were refused in a labour tenant eviction dispute after the court found no reasonable prospect of success.
Explore more
