South Africa Case Law

Hlano Financial Services (Pty) Limited v Member of the Executive Council for Human Settlements, Free State (1150/2024)

Hlano Financial Services (Pty) Limited v Member of the Executive Council for Human Settlements, Free State (1150/2024) [2025] ZAFSHC 6 (14 January 2025)

Court

Free State High Court, Bloemfontein

Case number

1150/2024

Judge

Van Rhyn

The court finds that the National Government, specifically the Ministry of Human Settlements and the Ministry of Housing, has a direct and substantial interest in the subject matter of the litigation. The relief sought by the applicant arises from national agreements and policy, and any order made would affect the rights and obligations of these ministries. The respondent's contention that directives and budgetary decisions are determined at national level is supported by the legislative framework, including the Housing Act and the Constitution. The applicant's failure to join the National Go…

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• Non Joinder
• Direct And Substantial Interest
• Housing Act
• National Housing Code
• Constitutional Obligations

Summer Season Trading 63 (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (22557/2015; 25597/2011)

Summer Season Trading 63 (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (22557/2015; 25597/2011) [2024] ZAGPPHC 249 (11 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

22557/2015; 25597/2011

Judge

Omphemetse Mooki

The High Court dismissed both parties’ applications for leave to appeal in a land, eviction and expropriation dispute, and ordered costs against the respondents.

• Expropriation Act
• Eviction Order
• Housing Act
• Costs In Constitutional Litigation
• Separation Of Powers
• Alternative Accommodation

Ozoh v Dladla and Others (19/31789)

Ozoh v Dladla and Others (19/31789) [2021] ZAGPJHC 773 (11 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

19/31789

Judge

Majavu

The applicant's mother held a regulation 7 permit, which was lawfully terminated by the Municipality in 1981. Thereafter, the property was allocated to the first respondent, who purchased it under the 99-year leasehold scheme and was later issued a full title deed in accordance with statutory provisions. At the time of her death, the applicant's mother had no legal right or interest in the property, and it did not form part of her estate. The applicant's claim is therefore without merit, as she cannot assert rights over property her mother did not own or have a legal interest in. The process…

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• Cancellation Of Title Deed
• Conversion Of Land Tenure Rights
• Regulation 7 Permit
• Upgrading Of Land Tenure Rights Act
• Black Communities Development Act
• Housing Act

Sailing Queen Investments v Occupants La Colleen Court (4480 / 07)

Sailing Queen Investments v Occupants La Colleen Court (4480 / 07) [2008] ZAGPHC 15; 2008 (6) BCLR 666 (W) (25 January 2008)

Court

High Courts - Gauteng

Case number

4480/07

Judge

M Jajbhay

The Court held that the City of Johannesburg is a necessary party to the eviction proceedings due to its constitutional and statutory obligations to provide information and alternative accommodation to individuals in desperate need. The absence of the City prevents the Court from making a just and equitable determination as required by PIE and the Constitution. The Court distinguished the Xantium Trading decision, finding that the interests of justice and the protection of vulnerable occupiers require the joinder of the municipality. The City must be joined so that it can fulfil its obligatio…

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• Prevention Of Illegal Eviction Act
• Municipal Obligations In Eviction
• Joinder Of Parties
• Just And Equitable Eviction
• Housing Act
• Constitutional Right To Housing

Ritama Investments v Unlawful Occupiers of Erf 62 Wynberg (30782/05)

Ritama Investments v Unlawful Occupiers of Erf 62 Wynberg (30782/05) [2006] ZAGPHC 6 (27 January 2006)

Court

High Courts - Gauteng

Case number

30782/05

Judge

Bertelsmann

The court held that eviction proceedings under PIE require a proactive and activist approach to ensure that all relevant circumstances are established, particularly regarding the availability of alternative accommodation for unlawful occupiers. The municipality and MEC for Housing have constitutional and statutory duties to assist the court and provide information about housing projects and options for relocation. Their failure to do so constitutes a breach of their obligations. The plight of the occupiers and the applicants' interests both demand urgent resolution. The court postponed the ma…

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• Prevention Of Illegal Eviction Act
• Right To Housing
• Just And Equitable Eviction
• Judicial Activism
• Municipal Obligations
• Housing Act