Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
3 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Land And Property [2016] ZAECMHC 40

Fikela and Others v Minister of Safety and Security and Another (228/09)

Fikela and Others v Minister of Safety and Security and Another (228/09) [2016] ZAECMHC 40 (22 September 2016)

Court
Eastern Cape High Court, Mthatha
Case number
228/09
Judges
RWN Brooks, J Smith, M Notununu

The appeal succeeded because the respondent failed to establish the jurisdictional requirements for eviction under PIE. The court a quo erred by not properly applying the Plascon-Evans rule to the disputed facts in the affidavits. The appellants' version regarding the applicable housing policy and lack of notice to vacate was not bald or uncreditworthy and should have been accepted. The respondent did not provide sufficient evidence that the amended housing policy applied to the appellants or that proper notice to vacate was given. Consequently, the respondent was not entitled to final relief…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Motion Proceedings
  • Plascon Evans Rule
  • Housing Policy
  • Eviction
  • Costs Order
Read case analysis
Constitutional Law [2016] ZASCA 66

City of Johannesburg v Dladla and Others (403/2015)

City of Johannesburg v Dladla and Others (403/2015) [2016] ZASCA 66; 2016 (6) SA 377 (SCA) (18 May 2016)

Court
Supreme Court of Appeal
Case number
403/2015
Judges
Mpati, Leach, Pillay, Willis, Mbha

The Supreme Court of Appeal held that the rules of the Ekuthuleni Shelter, including curfews and gender separation, were reasonable and did not constitute unconstitutional infringements of the occupiers' rights to dignity, privacy, or family life. The court emphasized that the constitutional obligation was to provide temporary accommodation in an emergency, not permanent housing, and that the limitations imposed by the Shelter's rules were justified by practical considerations, safety, and the nature of emergency accommodation. The court found that the occupiers had not sought alternative acc…

Source excerpt

  • Right To Temporary Accommodation
  • Limitation Of Rights
  • Municipal Powers And Duties
  • Housing Policy
  • Dignity And Privacy
  • Gender Separation In Emergency Shelters
Read case analysis
Land And Property [2006] ZALCC 2

Smith v Ndweni (LCC01R/06)

Smith v Ndweni (LCC01R/06) [2006] ZALCC 2 (10 April 2006)

Court
Land Claims Court
Case number
LCC01R/06
Judge
Y S Meer

The court found that the applicants had complied with the substantive and procedural requirements for eviction under the Extension of Security of Tenure Act for respondents Vikilahle, Bierwinkel, and Simons. Their rights of residence were terminated due to retrenchment or breach of occupation agreements, and suitable alternative accommodation was objectively provided in the Lanquedoc Housing Project. The court held that refusal to relocate constituted a material breach of fair terms of the occupation agreements, justifying eviction. For long-term occupier Lufefe, the court found no evidence o…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Eviction
  • Suitable Alternative Accommodation
  • Long Term Occupier
  • Housing Policy
  • Probation Officer Report
Read case analysis

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.