South Africa Case Law

Huma v Huma and Others (Appeal) (CIV APP MG 26/2024)

Huma v Huma and Others (Appeal) (CIV APP MG 26/2024) [2025] ZANWHC 125 (23 July 2025)

Court

North West High Court, Mafikeng

Case number

CIV APP MG 26/2024

Judges

Hendricks, Wessels

The High Court held that the Tribal Court lacked jurisdiction to order the appellant's eviction from the house on tribal land, as only the High Court or Magistrate's Court may grant such orders under the PIE Act. The first ground of appeal was upheld on this basis. Regarding the right to occupy, the Court found that customary law, as practiced by the Bafokeng community, requires a separate house for each spouse, and the house in dispute was allocated to the children of the deceased's first marriage. The appellant was allocated a separate house for the second marriage. The Court confirmed that…

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• Customary Law Rights Of Occupation
• Tribal Court Jurisdiction
• Eviction Proceedings
• Intestate Succession
• Gender Equality In Customary Law

Djoufang v Snyders and Others (Reasons) (2025/105798)

Djoufang v Snyders and Others (Reasons) (2025/105798) [2025] ZAWCHC 297 (21 July 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/105798

Judge

Pangarker

The High Court held that a late, defective notice of appeal did not suspend an eviction order and directed the sheriff to execute the warrant.

• Eviction Proceedings
• Magistrates Court Appeal
• Condonation
• Urgent Application
• Notice Of Appeal
• Execution Of Judgment

Mohamed v Moosa and Others (44567/2021)

Mohamed v Moosa and Others (44567/2021) [2025] ZAGPPHC 681 (2 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

44567/2021

Judge

Phahlamohlaka

Eviction and interdict applications failed after the court found a genuine factual dispute about occupation, payments, and the validity of a sale agreement.

• Alienation Of Land Act
• Eviction Proceedings
• Dispute Of Fact
• Counter Application
• Prevention Of Illegal Eviction Act
• Eviction-proceedings

Those Persons Identified and Unidentified Occupying Erf 95582 v National Minister of Social Development and Others (14732/2024)

Those Persons Identified and Unidentified Occupying Erf 95582 v National Minister of Social Development and Others (14732/2024) [2025] ZAWCHC 251 (19 June 2025)

Court

Western Cape High Court, Cape Town

Case number

14732/2024

Judge

Sipunzi

The court found that the Safe Spaces are operated and funded solely by the City of Cape Town and do not fall within the definition of shelters or community-based services regulated by the Departments of Social Development under the relevant statutes or norms. The impugned rules, including lockout and abstinence conditions, do not trigger any statutory or constitutional obligations of the Departments. The Substance Abuse Act and the Western Cape Government Norms and Standards for Shelters for Homeless Adults do not apply to the Safe Spaces, and any outcome of the litigation would not affect th…

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• Joinder Of Parties
• Direct And Substantial Interest
• Alternative Accommodation
• Eviction Proceedings
• Constitutional Invalidity Of Rules

Zulu v Mali Mik Properties (Pty) Ltd and Another (2025-066654)

Zulu v Mali Mik Properties (Pty) Ltd and Another (2025-066654) [2025] ZAKZPHC 53 (20 May 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2025-066654

Judge

P C Bezuidenhout

The High Court granted urgent interim relief protecting an occupier’s possession of property, restraining interference and ordering restoration of removed doors.

• Interim Interdict
• Eviction Proceedings
• Spoliation
• Urgent Application
• Restoration Of Possession
• Urgent-interdict

Dial Africa Distributors (Pty) Ltd and Others v Cachalia and Others (2025/054245)

Dial Africa Distributors (Pty) Ltd and Others v Cachalia and Others (2025/054245) [2025] ZAGPJHC 467 (9 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/054245

Judge

AP Joubert

Urgent application to stay execution of an eviction order pending rescission was dismissed; the court held PIE did not apply and the eviction was already executed.

• Eviction Proceedings
• Urgent Interdict
• Commercial Lease Termination
• Stay Of Execution
• Eviction-proceedings
• Urgent-interdict

Khoza and Others v Vosloo and Others (2025/003669)

Khoza and Others v Vosloo and Others (2025/003669) [2025] ZAGPJHC 468 (8 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/003669

Judge

AP Joubert

The court found that the applicants failed to establish a prima facie right to interim restoration of possession pending rescission. The eviction order was not granted in default, as applicants had filed answering affidavits and were represented, but failed to appear at the hearing without explanation. The applicants' inaction and repeated failure to provide personal and financial circumstances, despite multiple opportunities and directives, undermined their case and prospects of rescission. The absence of a municipal report did not render the eviction order procedurally irregular or unjust,…

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• Eviction Proceedings
• Interim Interdict
• Rescission Of Judgment
• Municipal Obligations
• Section 26 Rights
• Condonation

Occupires/Residents of Ramahlodi Park v Minister of Rural Development and Land Reform and Others (1430/2015)

Occupires/Residents of Ramahlodi Park v Minister of Rural Development and Land Reform and Others (1430/2015) [2025] ZALMPPHC 79 (25 April 2025)

Court

Limpopo High Court, Polokwane

Case number

1430/2015

Judge

Mashifane AJ

The court found that the applicants have locus standi as they are directly affected by the eviction order and have demonstrated substantial interest. The delay in bringing the rescission application was justified by the applicants' lack of knowledge of the order until May 2020, ongoing negotiations, and the impact of the Covid-19 pandemic. Rule 42(1)(a) applies as the order was granted in the absence of the affected parties and without service of the application for eviction. The original order failed to consider the applicants' circumstances, including their settled occupation and housing st…

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• Rescission Of Judgment
• Locus Standi
• Condonation
• Eviction Proceedings
• Prevention Of Illegal Eviction Act
• Right To Housing

Swanepoel v Harris and Others (5718/24)

Swanepoel v Harris and Others (5718/24) [2025] ZAMPMBHC 30 (25 April 2025)

Court

Mbombela High Court, Mpumalanga

Case number

5718/24

Judge

H F Fourie

The High Court stayed an ejectment warrant pending rescission proceedings, finding the urgent application was not self-created and that substantial justice required intervention.

• Stay Of Execution
• Urgent Interdict
• Rescission Of Judgment
• Eviction Proceedings
• Stay-of-execution
• Urgent-application

Reenen Ranch CC v Van den Heever and Others (6311/2024)

Reenen Ranch CC v Van den Heever and Others (6311/2024) [2025] ZAFSHC 114 (11 April 2025)

Court

Free State High Court, Bloemfontein

Case number

6311/2024

Judge

Ntanga AJ

The High Court dismissed an eviction application because the close corporation had not properly authorised the litigation before it was launched.

• Prevention Of Illegal Eviction Act
• Close Corporation Authority
• Locus Standi
• Resolution Requirement
• Eviction Proceedings
• Eviction