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South Africa Case Law

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Land And Property [2025] ZAWCHC 262

University of Cape Town v Villo and Others (2025/037004)

University of Cape Town v Villo and Others (2025/037004) [2025] ZAWCHC 262 (13 June 2025)

Court
Western Cape High Court, Cape Town
Case number
2025/037004
Judge
P. S. Van Zyl

The court found that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) does not apply to student accommodation, as established by the Supreme Court of Appeal in Stay At South Point Properties. Student accommodation is temporary, purpose-specific, and subject to annual rotation, and does not constitute a 'home' for PIE purposes. The respondents had no current right to occupy the residence, as none were allocated placement for the 2025 academic year and most were not registered students. UCT demonstrated ownership and the absence of any enforceable right of occup…

Source excerpt

  • Unlawful Occupation
  • Student Accommodation
  • Prevention Of Illegal Eviction Act
  • Right To Education
  • Common Law Ejectment
  • Higher Education Policy
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Constitutional Law [2016] ZAFSHC 130

Afriforum and Another v Chairman of the Council of the University of the Free State and Others (A70/2016)

Afriforum and Another v Chairman of the Council of the University of the Free State and Others (A70/2016) [2016] ZAFSHC 130 (21 July 2016)

Court
Free State High Court, Bloemfontein
Case number
A70/2016
Judges
Hendricks, Mokgohloa, Motimele

The court held that the University of the Free State, as an organ of state, is bound by the Bill of Rights and must comply with section 29(2) of the Constitution. The decision to adopt the 2016 language policy, making English the primary medium of instruction and diminishing Afrikaans, was taken without proper consideration of whether it remained reasonably practicable to continue parallel medium instruction. The Council and Senate failed to consider relevant factors such as equity, practicability, and redress, and did not adequately assess the impact on Afrikaans-speaking students or the res…

Source excerpt

  • Language Rights In Education
  • Section 29 2 Constitution
  • Reasonable Practicability
  • Non-retrogression
  • Unfair Discrimination
  • Higher Education Policy
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.