South Africa Case Law

Affirm Manufacturing Services (Pty) Ltd t/a Rototank v Dasel Properties (Pty) Ltd and Another (2025/054421)

Affirm Manufacturing Services (Pty) Ltd t/a Rototank v Dasel Properties (Pty) Ltd and Another (2025/054421) [2025] ZAGPPHC 529 (23 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/054421

Judge

Khashane Manamela

The court found that the applicant was in peaceful and undisturbed possession of the advertising space at Plot 148 under a lease agreement, and was unlawfully deprived of possession by the first respondent, who resorted to self-help without a valid cancellation clause or mutual agreement. The respondent's defence of impossibility was rejected, as restoration of possession of the advertising space itself is not rendered impossible by the destruction of signage or third-party occupation; the applicant seeks possession of the space, not the exact signage. The court held that the requirements for…

Source excerpt

• Mandament Van Spolie
• Unlawful Deprivation Of Possession
• Lease Termination
• Restoration Of Possession
• Self Help
• Urgent Interdict

Polokwane Local Municipality v Sand Hawks (Pty) Ltd and Others (1775/2025)

Polokwane Local Municipality v Sand Hawks (Pty) Ltd and Others (1775/2025) [2025] ZALMPPHC 84 (25 April 2025)

Court

Limpopo High Court, Polokwane

Case number

1775/2025

Judge

Mashifane AJ

The High Court dismissed a reconsideration application, holding that the affected party should have anticipated the return day under Rule 6(8), not used Rule 6(12)(c).

• Rule Nisi
• Ex Parte Application
• Urgent Interdict
• Lease Termination
• Eviction
• Costs Order

Silverbird Property Development CC t/a Signet Terrace Shopping Centre v Khans Tyres and Exhaust CC t/a Super Wheel and Tyre (04863/2024)

Silverbird Property Development CC t/a Signet Terrace Shopping Centre v Khans Tyres and Exhaust CC t/a Super Wheel and Tyre (04863/2024) [2025] ZAGPJHC 303 (3 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

04863/2024

Judge

PJ Du Plessis

The High Court held that the landlord validly cancelled the lease for renovations, rejected the tenant’s renewal claim, and ordered eviction and costs.

• Commercial Eviction
• Lease Termination
• Renewal Clause Interpretation
• Contractual Obligations
• Attorney Own Client Costs
• Commercial-eviction

Sand Hawks (Pty) Ltd v 65 Twin Property2 (Pty) Ltd and Others (1454/2025)

Sand Hawks (Pty) Ltd v 65 Twin Property2 (Pty) Ltd and Others (1454/2025) [2025] ZALMPPHC 18 (18 February 2025)

Court

Limpopo High Court, Polokwane

Case number

1454/2025

Judge

Makoti

Urgent spoliation relief was granted after the court found the applicant had been unlawfully dispossessed of the property by the first and second respondents.

• Mandament Van Spolie
• Urgent Interdict
• Joinder
• Lease Termination
• Unlawful Dispossession
• Mandament-van-spolie

City of Ekurhuleni Metropolitan Municipality v Mohanlal and Another (19/26907)

City of Ekurhuleni Metropolitan Municipality v Mohanlal and Another (19/26907) [2025] ZAGPJHC 109 (11 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

19/26907

Judge

S Van Nieuwenhuizen

The High Court granted a municipality’s eviction application after finding the respondent had no proven renewed lease, her occupation was not bona fide, and eviction was just and equitable under PIE.

• Prevention Of Illegal Eviction Act
• Lease Termination
• Just And Equitable Eviction
• Municipal Housing Policy
• Notice Requirements
• Emergency Housing Programme

Naude N.O and Others v Van Der Merwe and Others (A213/2024)

Naude N.O and Others v Van Der Merwe and Others (A213/2024) [2025] ZAWCHC 16 (20 January 2025)

Court

Western Cape High Court, Cape Town

Case number

A213/2024

Judges

W R E Duminy, DM Thulare

Section 5(5) of the Rental Housing Act does not apply to the termination of a lease for breach where the lease contains a cancellation clause. The respondents remained in occupation without the express or tacit consent of the appellants after October 2019, and the contractual breach clause governed the termination. The Magistrate erred in finding that section 5(5) required one month's notice in these circumstances. The respondents failed to pay rent and did not comply with notices to vacate. The evidence established that the respondents could afford alternative accommodation and did not engag…

Source excerpt

• Rental Housing Act
• Eviction
• Lease Termination
• Prevention Of Illegal Eviction Act
• Notice Requirements

Government Employees Pension Fund v Bonview Trading 88 CC and Others (M81/2023)

Government Employees Pension Fund v Bonview Trading 88 CC and Others (M81/2023) [2024] ZANWHC 304 (18 December 2024)

Court

North West High Court, Mafikeng

Case number

M81/2023

Judge

Mfenyana

The court granted an eviction under PIE, finding the respondents’ occupation unlawful after lease termination and a prior court order, and ordered them to vacate within two months.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Just And Equitable Test
• Lease Termination
• Pie-act

Purple Blok Projects (Pty) Ltd v Vumazonke and Others (13785/2024)

Purple Blok Projects (Pty) Ltd v Vumazonke and Others (13785/2024) [2024] ZAWCHC 424 (13 December 2024)

Court

Western Cape High Court, Cape Town

Case number

13785/2024

Judge

Van den Berg AJ

The applicant is the registered owner of the property and the respondents have no valid lease agreement or enforceable right of pre-emption against the applicant. The respondents defaulted on rental payments, refused to negotiate a new lease, and failed to take action against the previous owner regarding their alleged right of first refusal. The respondents were given ample opportunity to secure legal representation and present their case, but repeatedly delayed proceedings without bona fide grounds. The court finds the respondents are in unlawful occupation and that it is just and equitable…

Source excerpt

• Eviction Under Pie
• Rei Vindicatio
• Right Of Pre Emption
• Lease Termination
• Just And Equitable Eviction
• Costs Award

Snyman v Ferreira and Others (1671/2024)

Snyman v Ferreira and Others (1671/2024) [2024] ZAECQBHC 73 (26 November 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

1671/2024

Judge

NJ Mullins

The court found that, regardless of whether a written lease existed, was cancelled, or a month-to-month lease was terminated, the respondents were unlawful occupiers under PIE. The applicant complied with statutory requirements for eviction. The respondents, though elderly and not destitute, refused reasonable offers of alternative accommodation and failed to pay rent and charges timeously. The disputed lease agreement terminated on 31 December 2024, but the court granted an extension to 31 January 2025 for vacation, conditional on timely payment. The High Court's jurisdiction was deemed an u…

Source excerpt

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Lease Termination
• Voetstoots Clause
• Just And Equitable Eviction

Johannesburg Social Housing Company Soc Ltd v Dlamini and Others (2020/2026)

Johannesburg Social Housing Company Soc Ltd v Dlamini and Others (2020/2026) [2024] ZAGPJHC 1207 (25 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2020/2026

Judge

D Marais

The High Court granted eviction against a tenant in substantial rent arrears, found the lease was validly terminated, and delayed eviction for six months.

• Eviction
• Arrear Rent
• Prevention Of Illegal Eviction Act
• Lease Termination
• Lease-termination
• Arrear-rent