Mpange and Others v Sithole (07/7063)
Mpange and Others v Sithole (07/7063) [2007] ZAGPHC 202; 2007 (6) SA 578 (W) (22 June 2007)
The court found that the respondent, although not the registered owner, was the lessor and in control of the premises. The applicants were entitled to safe and habitable accommodation, and the respondent had failed to maintain the property in a condition fit for human habitation, resulting in violations of their constitutional rights to adequate housing, dignity, and privacy. While specific performance could be an appropriate remedy, the non-joinder of the registered owner precluded such an order. The court held that a reduction in rental was a fair and effective remedy, reflecting the dimini…
Source excerpt
- Habitability Of Leased Premises
- Reduction Of Rental
- Specific Performance
- Right To Adequate Housing
- Dignity And Privacy
- Development Of Common Law