Annenprop 5 (Pty) Ltd v Respondents listed on Annexure "A" and Others (13782/09)
Annenprop 5 (Pty) Ltd v Respondents listed on Annexure "A" and Others (13782/09) [2011] ZAWCHC 90 (14 April 2011)
The court found that the respondents are in unlawful occupation of Erf 5315 Macassar, as their right to occupy was based on prior owners' consent, which was lawfully terminated by the applicant through proper notice. The respondents' claims under IPILRA and ESTA were rejected, as their occupation did not meet the statutory requirements. The City of Cape Town has constitutional and statutory obligations to provide access to adequate housing for persons facing eviction, but these obligations must be fulfilled within available resources and through integrated planning. The City failed to engage…
Source excerpt
- Prevention Of Illegal Eviction Act
- Right To Adequate Housing
- Municipal Obligations
- Termination Of Occupancy
- Housing Subsidies
- Structural Interdict