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South Africa decisions
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Anderson v Chimuchere and Others (20075/2022) [2023] ZAGPJHC 713 (13 June 2023)
High Court eviction case turning on cancellation of a property sale, failure to provide guarantees, and whether the occupiers were in unlawful occupation.
Goodfind Properties (Pty) Ltd v Adriaanse and Others (6635 / 2022; 6633 / 2022; 6699 / 2022; 6700 / 2022; 6701 / 2022; 6766 / 2022; 6768 / 2022; 6810 / 2022;6811 / 2022) [2022] ZAWCHC 245 (28 November 2022)
The applicant established lawful ownership of the property and compliance with all procedural requirements under PIE. The respondents failed to advance any personal circumstances or credible factual basis to justify continued occupation. Their technical defences, including challenges to ownership, authority, and engagement, were unsupported by evidence. The property does not fall under the Social Housing Act, and the applicant is not an organ of state. The court found it just and equitable to grant eviction, allowing respondents a further two months to vacate. Costs were awarded against the r…
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CUF Properties (Pty) Ltd v Mthimkulu and Others (2011/53946) [2018] ZAGPPHC 491 (23 April 2018)
The applicant proved lawful ownership of the property by producing the original deed of transfer and supporting documentation. The respondents failed to provide any evidence of fraud or irregularity in the transfer, nor did they take steps to challenge the transfer over several years. The court found the applicant to be the lawful owner. However, the information before the court regarding the personal circumstances of the respondents was insufficient to determine whether eviction would be just and equitable under sections 4(6) and 4(7) of the PIE Act. The court emphasized the positive duty on…
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Baron and Others v Claytile (Pty) Ltd and Another (LCC21R/2014, MCC2179/2013) [2016] ZALCC 27; 2017 (4) SA 180 (LCC) (23 March 2016)
The Land Claims Court held that lack of alternative accommodation did not bar eviction from private land under ESTA and dismissed the appeal.
Dewald v Brown (A199/2011) [2011] ZAWCHC 411 (24 October 2011)
Appeal against an eviction order dismissed. The High Court held that arrear rent was unpaid, the lease had been cancelled, and the appellant’s payment to a third party was no defence.
Singo and Others v Carradale Estates CC (LCC63R/04, LCC50/04) [2007] ZALCC 1 (31 January 2007)
The Land Claims Court dismissed an eviction appeal under ESTA, holding that eviction must be assessed holistically as just and equitable, not on technicalities alone.
Rashavha v Van Rensburg (439/2002) [2003] ZASCA 132; [2004] 1 All SA 168 (SCA); 2004 (2) SA 421 (SCA) (28 November 2003)
The Supreme Court of Appeal refused condonation for the late filing of the appeal, finding the delay inexcusable and the explanations provided by the appellant's legal representatives unacceptable. However, the court considered the appellant's personal circumstances and did not refuse condonation solely due to her attorneys' negligence. Ultimately, condonation was denied because the appellant had no reasonable prospect of success on appeal. The court held that section 8(4) of the Extension of Security of Tenure Act did not apply, as the appellant was not 60 years old at the relevant time and…
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