City of Cape Town v South African Human Rights Commission and Others (1337/2022; 368/2023) [2024] ZASCA 110; 2024 (5) SA 368 (SCA) (10 July 2024)
Court
Supreme Court of Appeal
Case number
1337/2022; 368/2023
Judges
Mocumie, Mothle, Meyer, Koen, Coppin
The SCA held that counter-spoliation remains lawful but must be done instanter. The City of Cape Town acted too late when demolishing occupied structures.
Sefiri and Another v Mhlanga and Others (59307/2021) [2022] ZAGPJHC 277 (4 May 2022)
Court
South Gauteng High Court, Johannesburg
Case number
59307/2021
Judge
L R Adams
The court found that the applicants failed to prove contempt of court against the Minister of Police beyond reasonable doubt. The order of Wepener J was not formally served on the Minister, and there was insufficient evidence that the Minister's non-compliance was deliberate or mala fide. The Minister's obligation to arrest the first respondent was subject to suspensive conditions, and there was no proof that these conditions were met or communicated to the Minister in accordance with legal requirements. The court held that, although the Minister was properly cited and had notice of the proce…
Koetsioe and Others v Minister of Defence and Military Veterans and Others (12096/2021) [2021] ZAGPPHC 203 (6 April 2021)
Court
North Gauteng High Court, Pretoria
Case number
12096/2021
Judge
N Davis
The High Court held that military demolition of homes near Marievale without a court order was unlawful, and issued interdicts but postponed damages to Part B.
Moeleso and Others v Loskop Landgoed Boerdery and Others (LCC174/2018) [2020] ZALCC 19 (2 December 2020)
Court
Land Claims Court
Case number
LCC174/2018
Judge
Yacoob
The Land Claims Court held that reducing occupiers’ grazing rights without a court order was unlawful eviction under ESTA, but left winter fodder unresolved.
Rex and Others v Mnister of Defence and Military Veterans and Others (22663/2018) [2018] ZAGPPHC 348 (9 May 2018)
Court
North Gauteng High Court, Pretoria
Case number
22663/2018
Judge
N Davis
The court found that Marievale residents were evicted without a court order and granted interim relief allowing occupation or alternative accommodation, plus interdictory protection.
Mpaka and Others v KSD Local Municipality and Another (3627/2015) [2017] ZAECMHC 24 (11 July 2017)
Court
Eastern Cape High Court, Mthatha
Case number
3627/2015
Judge
SM Mbenenge
The court found that the order of 17 November 2011 did not apply to the applicants, as they were neither named nor properly identified as respondents. The procedure adopted by the Department in executing the demolition without a fresh court order violated section 26(3) of the Constitution, which requires judicial oversight before eviction or demolition. The letter from the Department to the Municipality did not constitute an unlawful delegation of power, but merely a request for assistance. The demolished structures were incomplete and unoccupied, making damages a more appropriate remedy than…
Sithole and Others v Meyer (2017/07857) [2017] ZAGPJHC 77 (17 March 2017)
Court
South Gauteng High Court, Johannesburg
Case number
2017/07857
Judge
L R Adams
Urgent reconsideration of an ex parte spoliation order. The court set aside the earlier order, reinstated only specified occupiers, and ordered no costs.
Ntantana and Others v Mhlontlo Local Municipality and Another (CA51/15, CA52/15, 75/15/ 76/15, 3412/14, 3434/14, 3407/14) [2016] ZAECMHC 10 (5 April 2016)
The court found that the summary demolition of the appellants' homes and their eviction without a court order constituted a violation of their constitutional rights under section 26(3) of the Constitution. The court a quo erred in treating the applications strictly as spoliation proceedings and in refusing relief on the basis that restoration was impossible. The Supreme Court of Appeal's decision in Tswelopele established that constitutional relief, including reconstituted restoration, may be granted even where the mandament van spolie does not apply. The respondents, as organs of state, are…
