South Africa Case Law

Msuthu N.O. and Another v Motlouwa and Others (1855/2015)

Msuthu N.O. and Another v Motlouwa and Others (1855/2015) [2017] ZAFSHC 174 (27 October 2017)

Court

Free State High Court, Bloemfontein

Case number

1855/2015

Judge

Mathebula

The court found that the contract for the sale of the property failed to comply with the Alienation of Land Act, as it did not specify the purchase price and left the method and timing of payment open for future negotiation. These omissions rendered the contract void ab initio. As there was no valid contract, the issue of cancellation did not arise. The applicants, as lawful owners, were entitled to seek eviction of the respondents. The court considered the requirements of the Prevention of Illegal Eviction from Unlawful Occupation of Land Act and the Constitution, finding that the first resp…

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• Alienation Of Land Act
• Formal Requirements For Contracts
• Eviction Proceedings
• Prevention Of Illegal Eviction Act
• Justice And Equity
• Contract Void Ab Initio

Farm Goedgedacht 228 (Pty) Ltd v Illegal invaders and/or occupiers on portion 4 (A portion of portion 1) of Farm Goedegedacht 228 and Others (283/2015)

Farm Goedgedacht 228 (Pty) Ltd v Illegal invaders and/or occupiers on portion 4 (A portion of portion 1) of Farm Goedegedacht 228 and Others (283/2015) [2016] ZALCC 2 (23 February 2016)

Court

Land Claims Court

Case number

283/2015

Judge

Ngcukaitobi

The court found that the property had been invaded on a grand scale by persons who recently took occupation without the owner's consent. After an inspection in loco, the facts became largely common cause, and the relief sought was confined to recent invaders, not long-term occupiers. The requirements of ESTA were considered, and the court was satisfied that the eviction order, as crafted, met the test of justice and equity. The order provided for the identification and protection of fifteen vulnerable households, mandated emergency housing for them, and set out a process for the removal of un…

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• Eviction
• Extension Of Security Of Tenure Act
• Urgent Interdict
• Justice And Equity
• Unlawful Occupation
• Emergency Housing

Diko and Another v Umzimvubu Municipality and Others, Umzimvubu Municipality v Certain Further Occupiers of the Immovable Property known as remainder of Erf 351 Mount frere Southern Side near Reservoir and Others, Mdani and another v Umzimvubu and Others (845/2002, 1239/2005, 367/2005, 1333/2006)

Diko and Another v Umzimvubu Municipality and Others, Umzimvubu Municipality v Certain Further Occupiers of the Immovable Property known as remainder of Erf 351 Mount frere Southern Side near Reservoir and Others, Mdani and another v Umzimvubu and Others (845/2002, 1239/2005, 367/2005, 1333/2006) [2009] ZAECMHC 20 (10 December 2009)

Court

Eastern Cape High Court, Mthatha

Case number

845/2002, 1239/2005, 367/2005, 1333/2006

Judges

Chetty, Van Zyl, Schoeman

The court set aside eviction orders because the municipality used the wrong PIE section, upheld a de bonis propriis costs order, and struck one appeal for lapse.

• Prevention Of Illegal Eviction Act
• Eviction Proceedings
• Justice And Equity
• Costs De Bonis Propriis
• Public Interest
• Rule 49 Appeal Lapse