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South Africa decisions
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Mathlatjie and Others v Mogale City Local Municipality and Others (2025/054979) [2025] ZAGPJHC 435 (6 May 2025)
An urgent spoliation bid arising from an alleged land invasion was dismissed after the court found staged evidence, no lawful occupation, and abuse of process.
Democratic Alliance and Another v Mangaung Metropolitan Municipality and Others (21 January 2025) (1330/2024) [2025] ZAFSHC 13 (21 January 2025)
The court found that the SAPS did not fail in their constitutional mandate. The evidence showed that SAPS assisted the Sheriff in executing the court order, deployed a significant number of officers, and made arrests. The DA failed to provide clear evidence of inadequacy in SAPS intervention or irrationality in the decision to arrest only 24 individuals out of a much larger group. The SAPS acted within their discretion, balancing the need to maintain public order, protect lives, and treat unlawful occupiers with dignity. The responsibility for executing the eviction order lay primarily with t…
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Rustenburg Platium Mines Limited v Lesojane (UM44/2022) [2022] ZANWHC 36 (21 June 2022)
The applicant proved service of the 10 March 2022 order and non-compliance by the respondent, who continued to invade the property and incite others despite being aware of the order. The respondent failed to oppose the application or provide any evidence to rebut wilfulness or mala fides. The court found the respondent's conduct to be a flagrant and aggravated disregard for judicial authority, including threats of violence against the applicant's agents. The requirements for contempt were met beyond reasonable doubt, and direct imprisonment was warranted as sanction, though for a reduced term…
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Fischer and Another v Ramahlele and Others (203/2014) [2014] ZASCA 88; 2014 (4) SA 614 (SCA); [2014] 3 All SA 395 (SCA) (4 June 2014)
The Supreme Court of Appeal held that the High Court erred by deciding the matter on legal points not emerging from the papers and not raised by the parties, and by failing to hear oral evidence as previously ordered. The central factual dispute was whether the demolished structures were occupied and constituted homes of the counter applicants. The parties had agreed to resolve this dispute by oral evidence, and the High Court was not entitled to decide the case on alternative legal grounds. The court emphasized that judicial restraint is required and that courts must adjudicate only the issu…
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Nyandeni Local municipality v Ndamase and Others (1937/2012) [2013] ZAECMHC 38 (12 December 2013)
The applicant remains the registered owner of the property and is entitled to protection of its rights until transfer to the Communal Property Association is effected. The respondents have not established any right to possession or allocation of the property. However, there is a material dispute of fact regarding whether the first, second, and fifth respondents were involved in the land invasion or allocation of plots. As this dispute cannot be resolved on the papers and no oral evidence was requested, the court must resolve the issue in favour of the respondents. The rule nisi is therefore c…
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