South Africa Case Law

Bless Joe Trading CC v Ethekwini Municipality (D7596/2020)

Bless Joe Trading CC v Ethekwini Municipality (D7596/2020) [2025] ZAKZDHC 37 (11 June 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D7596/2020

Judge

Mathenjwa

The court found that after the termination of the lease agreement, the defendant failed to remove the displaced people from the plaintiff's tent and ablution facilities, thereby preventing the plaintiff from regaining possession. The continued occupation constituted holding over, and the defendant, as a sphere of government, was liable for the damages arising from the loss of use of the plaintiff's property. The defendant's argument that the plaintiff voluntarily refrained from taking possession was rejected, as the defendant itself admitted that it had no alternative accommodation and could…

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• Holding Over
• Lease Agreement Termination
• Damages For Loss Of Use
• Municipal Obligations
• Preferential Procurement
• Constitutional Right To Housing

Free State Development Corporation v Telgobrite (Pty) Ltd and Others (2342/2024)

Free State Development Corporation v Telgobrite (Pty) Ltd and Others (2342/2024) [2025] ZAFSHC 149 (26 May 2025)

Court

Free State High Court, Bloemfontein

Case number

2342/2024

Judge

Opperman

The applicant proved ownership of the property and valid cancellation of both the sale and lease agreements with the first respondent. The first respondent failed to provide evidence of lawful entitlement to occupy or own the property, and did not initiate proceedings to enforce transfer. The lease agreement was breached by non-payment of rent and utilities, and the applicant lawfully terminated the contract. The PIE Act applies to the second respondent and other unlawful occupiers residing on the property, and all procedural requirements under PIE were met. No bona fide dispute of fact was r…

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• Eviction
• Unlawful Occupation
• Lease Agreement Termination
• Prevention Of Illegal Eviction Act
• Contract Cancellation
• Plaintiff Entitlement To Possession

Mabhekane Trading CC v Koopmansfontein Communal Property Association and Another (3/2025)

Mabhekane Trading CC v Koopmansfontein Communal Property Association and Another (3/2025) [2025] ZANCHC 50 (16 May 2025)

Court

Northern Cape High Court, Kimberley

Case number

3/2025

Judge

M C Mamosebo

The High Court discharged a rule nisi and refused final interdictory relief, finding no clear right, no proved ongoing injury, and no lack of alternative remedy.

• Lease Agreement Termination
• Final Interdict Requirements
• Breach Of Contract
• Authority Of Attorney
• Final-interdict
• Rule-nisi

Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Lifemed Emergency Services (Pty) Ltd (B4469/2023)

Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Lifemed Emergency Services (Pty) Ltd (B4469/2023) [2025] ZAGPPHC 8 (6 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

B4469/2023

Judge

EF Dippenaar

The court found that the applicant established all requirements for the rei vindicatio: ownership of the vehicles, respondent's possession, and clear identification of the vehicles. The respondent did not dispute receipt of the cancellation notice, which was effectively served both at its registered address and electronically. The agreement permitted cancellation without notice in the event of default, and the breaches relied upon were not contested. The respondent's challenge to the authority of the deponent was not properly raised and was met by a resolution authorising the proceedings. The…

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• Rei Vindicatio
• Lease Agreement Termination
• Service Of Process
• Proof Of Ownership
• Breach Of Contract
• Costs Award

City Mission t/a Cape Town Mission v City Mission Education Services t/a CMES and Others (20009/2017)

City Mission t/a Cape Town Mission v City Mission Education Services t/a CMES and Others (20009/2017) [2024] ZAWCHC 422 (13 December 2024)

Court

Western Cape High Court, Cape Town

Case number

20009/2017

Judge

Van den Berg AJ

The Court found that the plaintiff is the registered owner of the property and that the first defendant's occupation was initially lawful under a lease agreement, which was validly terminated after repeated breaches and expiry. The first defendant failed to regularise its occupation or pay arrears despite ample opportunity and notice. The arguments advanced by the first defendant regarding duress, conflict of interest, and zoning were unsupported by credible evidence and did not establish a legal right to remain. The Court considered the constitutional rights of the children and the obligatio…

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• Eviction Of Unlawful Occupier
• Rei Vindicatio
• Best Interests Of The Child
• Lease Agreement Termination
• Horizontal Application Of Bill Of Rights
• School Relocation

Trusler v Auralitr Led Lamps and Others (2023/02223)

Trusler v Auralitr Led Lamps and Others (2023/02223) [2024] ZAGPJHC 1117 (1 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/02223

Judge

Esterhuizen

The court found that the lease agreement between the Applicant and the First Respondent expired and was not renewed, resulting in unlawful occupation. The Fifth Respondent, who continued to reside on the property, failed to pay rental and utilities, with substantial arrears accumulating over several years. The Applicant provided proper notice to vacate and complied with all procedural requirements under the PIE Act. The Fifth Respondent's defences—alleged indefinite agreement, lack of notice, and inability to find alternative accommodation—were unsupported by evidence and did not constitute v…

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• Eviction Under Pie Act
• Lease Agreement Termination
• Just And Equitable Eviction
• Unlawful Occupation
• Attorney And Client Costs

Albertse N.O and Others v Nelesco 91 (Pty) Ltd (1096/2022)

Albertse N.O and Others v Nelesco 91 (Pty) Ltd (1096/2022) [2023] ZAFSHC 5 (13 January 2023)

Court

Free State High Court, Bloemfontein

Case number

1096/2022

Judge

Chesiwe

The High Court referred an opposed lease-termination and eviction application to trial after finding non-joinder, locus standi problems, and genuine disputes of fact.

• Joinder Of Parties
• Locus Standi
• Lease Agreement Termination
• Eviction
• Dispute Of Fact
• Motion Proceedings

VLP Property CC v Martjohn Trading CC (43745/2020)

VLP Property CC v Martjohn Trading CC (43745/2020) [2022] ZAGPJHC 242 (26 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

43745/2020

Judge

VM Movshovich

The High Court granted eviction after finding no new lease was concluded and that the respondent’s amendments were a rejected counter-offer.

• Commercial Eviction
• Lease Agreement Termination
• Counter Offer
• Lis Pendens
• Holding Over
• Costs Order

Du Plessis v Mouton and Others (4180/2021)

Du Plessis v Mouton and Others (4180/2021) [2022] ZAWCHC 101 (21 February 2022)

Court

Western Cape High Court, Cape Town

Case number

4180/2021

Judge

P. S. Van Zyl

High Court eviction matter: the lease expired, the alleged sale option was not validly exercised, and the respondents were found to be unlawful occupiers.

• Prevention Of Illegal Eviction Act
• Lease Agreement Termination
• Option To Purchase
• Unlawful Occupation
• Occupational Interest
• Punitive Costs

Earle v Lam and Another (A01/2021)

Earle v Lam and Another (A01/2021) [2021] ZAMPMBHC 65 (13 August 2021)

Court

Mbombela High Court, Mpumalanga

Case number

A01/2021

Judges

Greyling-Coetzer, Mashile

The appellant failed to prove that the lease agreement 'LAM2' was fraudulent or a forgery. The first respondent was the registered owner and person in charge of the property, and the appellant's occupation became unlawful after he failed to pay rent and the lease was cancelled. The requirements of the PIE Act for eviction were satisfied, and the Consumer Protection Act did not apply to the cancellation after the fixed term expired. Non-joinder was not established as all persons occupying through the appellant were covered by the notice of motion. The appellant's set-off defence was invalid as…

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• Prevention Of Illegal Eviction Act
• Lease Agreement Termination
• Unlawful Occupation
• Joinder
• Costs Award
• Consumer Protection Act