South Africa Case Law

Mereki and Others v Moladora Trust and Another (CCT 121/24)

Mereki and Others v Moladora Trust and Another (CCT 121/24) [2025] ZACC 16 (1 August 2025)

Court

Constitutional Court

Case number

CCT 121/24

Judges

Madlanga ADCJ, Dambuza AJ, Goosen AJ, Kollapen J, Majiedt J, Opperman AJ, Rogers J, Theron J, Tshiqi J

The Constitutional Court held that the applicants, as ESTA occupiers, had a right to graze cattle on the farm based on tacit consent, which was protected under ESTA. The Court found that the Trust failed to rebut the statutory presumption of consent triggered by the applicants' uninterrupted residence and use of the land. The termination of grazing rights constituted a deprivation of land use and required compliance with section 8 of ESTA. The Trust's reliance on common law termination was unlawful, as ESTA's procedural safeguards applied to both residence and associated land uses such as gra…

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• Extension Of Security Of Tenure Act
• Tacit Consent
• Termination Of Land Rights
• Eviction Procedure
• Constitutional Interpretation
• Presumption Of Consent

Moalusi and Another v Kondowe and Another (2023/119996)

Moalusi and Another v Kondowe and Another (2023/119996) [2025] ZAGPJHC 693 (16 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/119996

Judge

A J D'Oliveira

The respondent has no legal entitlement to remain in occupation of the property. The instalment sale agreement was cancelled, and any claims to improvements or compensation were resolved by a settlement agreement in September 2023. The respondent's alleged lien is vague and unsupported by evidence, and is contradicted by the settlement. The applicants have complied with all procedural requirements under the Prevention of Illegal Eviction and Unlawful Occupation Act. The respondent is employed and alternative accommodation is available. The presence of minor children does not create a right to…

Source excerpt

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Just And Equitable Order

Dawood and Others v Molebele and Others (2013/35000)

Dawood and Others v Molebele and Others (2013/35000) [2025] ZAGPJHC 585 (9 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2013/35000

Judge

Nair

High Court eviction matter following cancelled sales in execution. The court cured short service by postponement, found eviction just and equitable, and granted costs on scale C.

• Prevention Of Illegal Eviction Act
• Eviction Procedure
• Sale In Execution
• Notice Requirements
• Just And Equitable Eviction
• Eviction

Burger and Others v Schrader and Others (LANC01R/2025)

Burger and Others v Schrader and Others (LANC01R/2025) [2025] ZALCC 14 (20 March 2025)

Court

Land Claims Court

Case number

LANC01R/2025

Judge

Ntshalintshali MC

Automatic review of an ESTA eviction order. The Land Claims Court confirmed the eviction in part, found section 11 applied, and ordered municipal emergency housing.

• Extension Of Security Of Tenure Act
• Eviction Procedure
• Right To Family Life
• Just And Equitable Termination
• Municipal Housing Obligation
• Constitutional Right To Housing

Mantsopa Local Municipality v All Unlawful and Unidentified Persons and Others (3591/2024)

Mantsopa Local Municipality v All Unlawful and Unidentified Persons and Others (3591/2024) [2025] ZAFSHC 64 (27 February 2025)

Court

Free State High Court, Bloemfontein

Case number

3591/2024

Judge

Mpama AJ

The High Court confirmed an eviction order against unlawful occupiers on municipal land in Ladybrand, finding the occupation recent and justifying a two-month vacate period.

• Prevention Of Illegal Eviction Act
• Section 26 Right To Housing
• Unlawful Occupation
• Eviction Procedure
• Just And Equitable Standard
• Municipal Duties

Circle Properties (Pty) Ltd v Khuzwayo and Another (2023-124888)

Circle Properties (Pty) Ltd v Khuzwayo and Another (2023-124888) [2025] ZAGPJHC 236 (13 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023-124888

Judge

Fisher

The court found that the respondent's defence based on a pending Rental Housing Tribunal complaint was without merit. The retrospective challenge to rental increases did not constitute a valid unfair practice, especially as the respondent had signed new leases over the years without objection and had failed to pay rental for a year. The respondent's financial circumstances did not warrant protection under the PIE Act, and the Tribunal proceedings did not justify a stay of eviction. The court distinguished the present case from Maphango, noting the absence of systemic unfairness or gentrificat…

Source excerpt

• Prevention Of Illegal Eviction Act
• Rental Housing Act
• Eviction Procedure
• Arrear Rental
• Stay Of Proceedings

Finbond Mutual Bank v Kgosana and Others (100207/2023)

Finbond Mutual Bank v Kgosana and Others (100207/2023) [2025] ZAGPPHC 96 (30 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

100207/2023

Judge

T E Joyini

The High Court granted an eviction order under PIE, finding the occupiers’ right to remain had ended and that eviction was just and equitable.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Just And Equitable Test
• Locus Standi
• Alternative Accommodation

Government Employees Pension Fund v Bonview Trading 88 CC and Others (M81/2023)

Government Employees Pension Fund v Bonview Trading 88 CC and Others (M81/2023) [2024] ZANWHC 304 (18 December 2024)

Court

North West High Court, Mafikeng

Case number

M81/2023

Judge

Mfenyana

The court granted an eviction under PIE, finding the respondents’ occupation unlawful after lease termination and a prior court order, and ordered them to vacate within two months.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Just And Equitable Test
• Lease Termination
• Pie-act

First Rand Bank Ltd v Ndamase and Another (024968/24)

First Rand Bank Ltd v Ndamase and Another (024968/24) [2024] ZAGPPHC 1133 (12 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

024968/24

Judge

BM Lesufi

The court found that the First Respondent's lease agreement with the previous owner expired and no new lease was concluded with the Applicant. The demand for rental payment did not constitute a valid lease agreement, as such agreements for immovable property must be in writing. The First Respondent remained in occupation without any legal right. The Applicant complied with all procedural requirements under the PIE Act, including service of notices to both the Respondent and the municipality. The First Respondent did not present any defence in law or evidence that eviction would render him hom…

Source excerpt

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Just And Equitable Test

Moloko v Sedumedi and Others (48138/17)

Moloko v Sedumedi and Others (48138/17) [2024] ZAGPJHC 1145 (8 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

48138/17

Judge

Kekana ND

The High Court dismissed an eviction application under PIE, holding that the respondents’ right of occupation had not been lawfully terminated and they were not unlawful occupiers.

• Prevention Of Illegal Eviction Act
• Lawful Vs Unlawful Occupation
• Termination Of Right Of Occupation
• Eviction Procedure
• Eviction
• Pie-act