South Africa Case Law

Unlawful Occupiers Occupying 20 Op De Bergen Street, Fairview Johannesburg v Emikon Auctioneering Services and Import and Export (Pty) Ltd and Another (12423/2021)

Unlawful Occupiers Occupying 20 Op De Bergen Street, Fairview Johannesburg v Emikon Auctioneering Services and Import and Export (Pty) Ltd and Another (12423/2021) [2023] ZAGPJHC 1145 (4 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

12423/2021

Judge

M A Makume

The High Court granted leave to appeal against a judgment refusing rescission of an eviction order, citing constitutional issues and prior housing orders.

• Eviction Proceedings
• Rescission Of Judgment
• Homelessness And Alternative Accommodation
• Just And Equitable Test
• Judicial Oversight
• Constitutional Right To Housing

PZL Properties (Pty) Limited v Unlawful Occupiers of Erf[....] Judith's Paarl Township and Another (053569/2022)

PZL Properties (Pty) Limited v Unlawful Occupiers of Erf[....] Judith's Paarl Township and Another (053569/2022) [2023] ZAGPJHC 59 (30 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

053569/2022

Judge

S D J Wilson

The court found that the urgency claimed by the applicant was self-created, arising from its own contractual undertakings rather than any imminent risk or irreparable harm. The property had been occupied for several years, and the applicant failed to demonstrate genuine urgency. The application did not comply with the notice requirements under section 4(2) of the PIE Act, as effective notice was not given and the court had not approved the form and manner of service. The court held that the application should not have been placed on the urgent roll and must proceed in the ordinary course, wit…

Source excerpt

• Eviction Proceedings
• Prevention Of Illegal Eviction Act
• Notice Requirements
• Joinder Of Parties
• Homelessness And Alternative Accommodation
• Urgency In Eviction

Mayekiso and Others v Patel NO and Others (3860/2016)

Mayekiso and Others v Patel NO and Others (3860/2016) [2018] ZAWCHC 143; [2019] 1 All SA 221 (WCC); 2019 (2) SA 522 (WCC) (24 October 2018)

Court

Western Cape High Court, Cape Town

Case number

3860/2016

Judges

P.A.L.Gamble, P.B.Mantame, M.L.Sher

The majority held that the appellants were unlawful occupiers under PIE and that the eviction order was just and equitable, as the court a quo considered all relevant circumstances, including the interests of minor children and the risk of homelessness. The property had been sold and transferred, and the appellants undertook to vacate upon sale. Allegations regarding the first respondent trustee's identity and conduct did not invalidate the statutory powers exercised by the trustees collectively, nor did they warrant the admission of further evidence on appeal. The appeal was dismissed, and c…

Source excerpt

• Eviction Under Pie
• Trustee Powers In Insolvency
• Homelessness And Alternative Accommodation
• Children S Rights In Eviction
• Locus Standi Of Trustees
• Admission Of Further Evidence On Appeal