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South Africa decisions
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Nwobi and Another v Metsing and Others (2017/043444) [2025] ZAGPJHC 580 (10 June 2025)
Eviction granted under PIE, but some occupiers are protected until the City provides temporary emergency accommodation within two years.
Telkom SA (Soc) Ltd v Moeletsi and Others (40530/2023) [2023] ZAGPJHC 590 (30 May 2023)
The applicant failed to establish the jurisdictional requirements for an urgent interim eviction order under section 5 of PIE. While there is a general risk associated with dolomitic ground and sinkhole formation, the expert report did not support the conclusion that the entire property required immediate evacuation or that eviction would enhance the safety of the residents. The facts did not demonstrate an imminent danger to persons or property necessitating eviction, nor did they show that the hardship to Telkom outweighed the likely hardship to the residents, who faced homelessness. Furthe…
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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…
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