Silo v Labiti and Another (CA163/2016)
Silo v Labiti and Another (CA163/2016) [2017] ZAECGHC 19 (28 February 2017)
The magistrate failed to comply with section 4(7) of PIE by not considering whether it was just and equitable to grant the eviction order, neglecting to obtain a report from the municipality regarding the availability of alternative accommodation, and failing to consider the appellant's personal circumstances. The judgment was deficient and did not meet the required standard of judicial reasoning. The High Court held that the eviction order must be set aside and the matter remitted to the magistrate for proper consideration of all relevant circumstances and compliance with PIE, including obta…
Source excerpt
- Prevention Of Illegal Eviction Act
- Just And Equitable Eviction
- Municipal Obligations
- Unlawful Occupation
- Judicial Reasoning Standards