Hlatswayo v Ndlovu and Another (39747/19)
Hlatswayo v Ndlovu and Another (39747/19) [2023] ZAGPJHC 21 (14 January 2023)
The applicant has proven ownership of the property by title deed, and the first respondent's claim to ownership fails due to non-compliance with statutory formalities, rendering the purported sale void. However, the court cannot grant an eviction order without considering whether it is just and equitable, particularly in light of the risk of homelessness and the absence of a municipal report addressing the first respondent's circumstances. The PIE Act and constitutional principles require the court to ensure that vulnerable persons are not rendered homeless without provision for alternative a…
Source excerpt
- Prevention Of Illegal Eviction Act
- Just And Equitable Eviction
- Municipal Obligations
- Female Headed Household
- Title Deed Ownership
- Homelessness Risk