South Africa Case Law

Moalusi and Another v Kondowe and Another (2023/119996)

Moalusi and Another v Kondowe and Another (2023/119996) [2025] ZAGPJHC 693 (16 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/119996

Judge

A J D'Oliveira

The respondent has no legal entitlement to remain in occupation of the property. The instalment sale agreement was cancelled, and any claims to improvements or compensation were resolved by a settlement agreement in September 2023. The respondent's alleged lien is vague and unsupported by evidence, and is contradicted by the settlement. The applicants have complied with all procedural requirements under the Prevention of Illegal Eviction and Unlawful Occupation Act. The respondent is employed and alternative accommodation is available. The presence of minor children does not create a right to…

Source excerpt

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Just And Equitable Order

Du Toit N.O and Others v Gill and Others (22788/2024)

Du Toit N.O and Others v Gill and Others (22788/2024) [2025] ZAWCHC 312 (2 June 2025)

Court

Western Cape High Court, Cape Town

Case number

22788/2024

Judge

B.J. Vaughan

The court found that, although it was generally bound by the evidence before it in the original eviction application, the new information presented by the respondents regarding the severity of the health condition of Mrs Gill's mother and the risk of homelessness warranted further inquiry. The court acknowledged that another court could reasonably find that it had not sufficiently interrogated the personal circumstances of the occupiers or obtained a necessary report from the City of Cape Town regarding alternative accommodation. As a result, there were reasonable prospects that another court…

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• Eviction Under Pie Act
• Just And Equitable Order
• Risk Of Homelessness
• Municipal Obligations
• Access To Housing
• Self Represented Litigants

Nkombi v Naidoo and Another (Leave to Appeal) (3947/2025)

Nkombi v Naidoo and Another (Leave to Appeal) (3947/2025) [2025] ZAGPJHC 287 (12 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

3947/2025

Judge

Wilson

The High Court condoned a late leave-to-appeal filing but dismissed it, finding no reasonable prospect of success against an eviction order.

• Eviction
• Leave To Appeal
• Just And Equitable Order
• Exclusive Possession
• Condonation Of Late Filing
• Leave-to-appeal

Schubach v TLR Industrial (Pty) Ltd and Others (124591/2023)

Schubach v TLR Industrial (Pty) Ltd and Others (124591/2023) [2025] ZAGPJHC 114 (22 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

124591/2023

Judge

Wilson

The High Court granted an eviction order under PIE after finding the occupier’s rights had lapsed, notice was effective, and eviction would not cause homelessness.

• Prevention Of Illegal Eviction Act
• Eviction Proceedings
• Unlawful Occupation
• Just And Equitable Order
• Prevention-of-illegal-eviction-act
• Eviction-proceedings

McGlashan N.O and Others v Fhulufhelo and Another (2023/042194)

McGlashan N.O and Others v Fhulufhelo and Another (2023/042194) [2024] ZAGPJHC 1017 (11 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/042194

Judge

A. Friedman

The High Court granted an eviction order, finding no valid defence and setting 31 December 2024 as the vacate date. It awarded ordinary, not punitive, costs.

• Eviction
• Just And Equitable Order
• Lease Agreement
• Right Of First Refusal
• Costs Order
• Just-and-equitable-order

De Kock v Du Plessis and Others (284/2023)

De Kock v Du Plessis and Others (284/2023) [2024] ZASCA 117 (24 July 2024)

Court

Supreme Court of Appeal

Case number

284/2023

Judges

Makgoka, Mabindla-Boqwana, Goosen, Baartman, Seegobin

The Supreme Court of Appeal admitted a supplementary affidavit, held that cancellation of an oral agreement ended the respondents’ right to occupation, and granted eviction under PIE.

• Prevention Of Illegal Eviction Act
• Eviction Proceedings
• Oral Agreement Cancellation
• Just And Equitable Order
• Pie-act
• Eviction-proceedings

Final Housing Solutions (Pty) Ltd v Lukhanya (40262/21)

Final Housing Solutions (Pty) Ltd v Lukhanya (40262/21) [2024] ZAGPJHC 340 (11 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

40262/21

Judge

S D J Wilson

High Court eviction granted, but only after an R80,000 payment to the first respondent and a July 2024 vacate date to reduce homelessness risk.

• Eviction
• Just And Equitable Order
• Prevention Of Illegal Eviction Act
• State Housing Subsidy
• Municipal Obligations
• Homelessness Prevention

Arendse and Another v Communicare NPC and Others (A76/2023)

Arendse and Another v Communicare NPC and Others (A76/2023) [2024] ZAWCHC 91 (25 March 2024)

Court

Western Cape High Court, Cape Town

Case number

A76/2023

Judges

LekhULENI, Francis M

The appeal was upheld because the first respondent failed to demonstrate locus standi to institute eviction proceedings; the delegation of authority relied upon was not properly executed, as the General Manager's authority was limited to making recommendations and did not include final approval, which rested with the Chief Executive Officer. The respondent did not provide evidence of CEO approval. Additionally, the court a quo erred by granting an eviction order without obtaining a report from the Municipality regarding alternative accommodation, as required by section 4(7) of the PIE Act. Th…

Source excerpt

• Eviction Proceedings
• Locus Standi
• Municipal Obligations
• Just And Equitable Order
• Prevention Of Illegal Eviction Act
• Right To Housing

Member of the Executive Council for Health for the Province of KwaZulu-Natal v Dlamini and Others (D6815/19)

Member of the Executive Council for Health for the Province of KwaZulu-Natal v Dlamini and Others (D6815/19) [2023] ZAKZDHC 57 (15 August 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D6815/19

Judge

Mossop

The High Court ordered the eviction of a hospital employee from staff housing after her six-month right to occupy a duplex expired years earlier.

• Eviction
• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Just And Equitable Order
• Pie-act
• Unlawful-occupation

Mvelase v Nerinda and Others (D546/2022)

Mvelase v Nerinda and Others (D546/2022) [2023] ZAKZDHC 47 (19 July 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D546/2022

Judge

Mossop

The High Court adjourned an eviction matter and ordered eThekwini Municipality to file a personalised report on alternative accommodation for the occupiers.

• Prevention Of Illegal Eviction Act
• Eviction Proceedings
• Right To Housing
• Just And Equitable Order
• Municipal Obligations
• Sale In Execution