South Africa Case Law

Mankuroane and Others v Buti and Others (M164/23)

Mankuroane and Others v Buti and Others (M164/23) [2025] ZANWHC 118 (15 July 2025)

Court

North West High Court, Mafikeng

Case number

M164/23

Judge

A Reddy

The court found that the applicants, as the Paramount Chief, Traditional Council, and registered cooperative, have locus standi as persons in charge and lawful custodians of the land under both statutory and customary law. The respondents are unlawful occupiers, having no permission or legal right to occupy the land, and have continued their occupation despite previous court orders. The applicants failed to serve the required PIE notice on the third and fourth respondents, rendering the application against them fatally defective. The remaining respondents have not raised a valid defence, and…

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• Prevention Of Illegal Eviction Act
• Customary Land Rights
• Locus Standi
• Just And Equitable Eviction
• Municipal Services
• Public Interest Litigation

Norvena Property Consortium (Pty) Ltd v Mashamba and Others (2022/018083)

Norvena Property Consortium (Pty) Ltd v Mashamba and Others (2022/018083) [2025] ZAGPJHC 683 (7 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/018083

Judge

Mahomed

The High Court granted an eviction order after finding the applicant had complied with PIE, proved substantial rental arrears, and the respondent had no valid defence.

• Prevention Of Illegal Eviction Act
• Arrear Rental
• Just And Equitable Eviction
• Unlawful Occupation
• Eviction
• Pie-act

Greater Letaba Municipality v Bopape and Others (7772/2021)

Greater Letaba Municipality v Bopape and Others (7772/2021) [2025] ZALMPPHC 117 (18 June 2025)

Court

Limpopo High Court, Polokwane

Case number

7772/2021

Judge

L.A Nkoana

The High Court granted Greater Letaba Municipality an eviction order under PIE, dismissed a non-joinder plea, and gave the respondents 30 days to vacate.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Locus Standi
• Non Joinder
• Just And Equitable Eviction
• Pie-eviction

Nwobi and Another v Metsing and Others (2017/043444)

Nwobi and Another v Metsing and Others (2017/043444) [2025] ZAGPJHC 580 (10 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2017/043444

Judge

Adams

Eviction granted under PIE, but some occupiers are protected until the City provides temporary emergency accommodation within two years.

• Prevention Of Illegal Eviction Act
• Statutory Eviction
• Just And Equitable Eviction
• Temporary Emergency Accommodation
• Municipal Obligations
• Homelessness Risk

Dawood and Others v Molebele and Others (2013/35000)

Dawood and Others v Molebele and Others (2013/35000) [2025] ZAGPJHC 585 (9 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2013/35000

Judge

Nair

High Court eviction matter following cancelled sales in execution. The court cured short service by postponement, found eviction just and equitable, and granted costs on scale C.

• Prevention Of Illegal Eviction Act
• Eviction Procedure
• Sale In Execution
• Notice Requirements
• Just And Equitable Eviction
• Eviction

City of Cape Town v Hussain and Others (Appeal) (A268/2024)

City of Cape Town v Hussain and Others (Appeal) (A268/2024) [2025] ZAWCHC 171 (17 April 2025)

Court

Western Cape High Court, Cape Town

Case number

A268/2024

Judges

Lekhuleni, Ralarala

The court held that the postponement order issued by the magistrate is purely interlocutory and does not meet the requirements for appealability under section 83 of the Magistrates' Court Act or the Zweni test. The order does not finally determine any rights, is susceptible to variation, and does not dispose of any substantial portion of the relief claimed in the eviction application. The interests of justice do not justify entertaining an appeal against such an order, as piecemeal litigation is discouraged. The alternative argument for review was rejected as it was not properly raised and th…

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• Eviction Under Pie Act
• Appealability Of Interlocutory Orders
• Meaningful Engagement
• Section 26 Right To Housing
• Just And Equitable Eviction
• Magistrates Court Procedure

Ndou and Others v Thulamela Municipality (HCA 01/2023; 1143/2018)

Ndou and Others v Thulamela Municipality (HCA 01/2023; 1143/2018) [2025] ZALMPTHC 5; [2025] 3 All SA 212 (LT) (24 March 2025)

Court

Limpopo High Court, Thohoyandou

Case number

HCA 01/2023

Judges

ASL Van Wyk, TV Ratshibvumo, S Mathabathe

The court found that the respondent proved ownership of the properties and that the appellants' occupation was unlawful and exceeded six months. The court a quo actively investigated all relevant circumstances, including the appellants' personal situations and the availability of alternative accommodation. The appellants failed to provide the required personal information despite being ordered to do so. The respondent offered demarcated residential sites for resettlement. The authority of the respondent's deponent was not properly challenged under Rule 7, rendering the objection meritless. Th…

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• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Municipal Land Ownership
• Alternative Accommodation
• Constitutional Right To Housing
• Authority Of Deponent

Dreyer and Dreyer CC v N.J.M and Others (03R/2025)

Dreyer and Dreyer CC v N.J.M and Others (03R/2025) [2025] ZALCC 13 (14 March 2025)

Court

Land Claims Court

Case number

03R/2025

Judge

Tebeile S.S.

The Land Claims Court found that the Magistrate's Court erred in accepting the Applicant's argument that the First Respondent's right of residence was solely linked to his employment. The evidence, including the probation officer's report, established that the First Respondent had resided on the farm since 1993, predating the employment relationship and thus falling under section 10 of the Extension of Security of Tenure Act. The Magistrate's Court failed to properly consider the probation officer's report, which highlighted the lack of suitable alternative accommodation and the risk of homel…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Right To Adequate Housing
• Children Rights
• Just And Equitable Eviction
• Termination Of Right Of Residence

Mofamadi and Another v Mokhuane and Others (032666-2023)

Mofamadi and Another v Mokhuane and Others (032666-2023) [2025] ZAGPPHC 252 (12 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

032666-2023

Judge

Lenyai

High Court eviction application under PIE dismissed because no municipal report on alternative accommodation was before court, though occupiers were declared unlawful.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Municipal Obligations
• Acquisitive Prescription
• Just And Equitable Eviction
• Pie-eviction

Trustees for the Time Being of the East London Hebrew Congregation v Galperin and Others (EL 748/2021)

Trustees for the Time Being of the East London Hebrew Congregation v Galperin and Others (EL 748/2021) [2025] ZAECELLC 7 (27 February 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 748/2021

Judge

M S Rugunanan

High Court eviction matter under PIE Act; eviction granted after finding respondents were unlawful occupiers and had not shown sufficient hardship.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Just And Equitable Eviction
• Rei Vindicatio
• Employment Linked Occupation
• Eviction