South Africa Case Law

Ruiters and Another v Arendse and Others (19927/2023)

Ruiters and Another v Arendse and Others (19927/2023) [2025] ZAWCHC 36 (10 February 2025)

Court

Western Cape High Court, Cape Town

Case number

19927/2023

Judge

Andrews

The court found that, although the applicants had established ownership and unlawful occupation, the requirements of justice and equity under section 4(7) of the PIE Act were not satisfied. The respondents, including a 72-year-old pensioner, minor children, and a disabled adult, would be rendered homeless if evicted. The municipality's emergency housing offer was found to be impractical and unattainable, as the respondents could not secure a site or assemble the structures. The applicants' ex-gratia payment offer did not overcome the hurdle of justice and equity. The court emphasized that evi…

Source excerpt

• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Rights Of Vulnerable Occupiers
• Intestate Succession
• Municipal Housing Obligations
• Homelessness Prevention

Final Housing Solutions (Pty) Ltd v Lukhanya (40262/21)

Final Housing Solutions (Pty) Ltd v Lukhanya (40262/21) [2024] ZAGPJHC 340 (11 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

40262/21

Judge

S D J Wilson

High Court eviction granted, but only after an R80,000 payment to the first respondent and a July 2024 vacate date to reduce homelessness risk.

• Eviction
• Just And Equitable Order
• Prevention Of Illegal Eviction Act
• State Housing Subsidy
• Municipal Obligations
• Homelessness Prevention