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Piketberd Sunrise Farm (Pty) Ltd and Another v Menas and Others (LCC18R2024) [2024] ZALCC 34 (7 October 2024)
On automatic review, the Land Claims Court set aside an eviction order under ESTA and remitted the matter for reconsideration of substantive fairness and mediation.
Occupiers of Portion R25 of the Farm Mooiplaats 355 JR v Golden Thread Ltd and Others (CCT 25/11) [2011] ZACC 35; 2012 (2) SA 337 (CC); 2012 (4) BCLR 372 (CC) (7 December 2011)
The Constitutional Court held that the High Court erred by granting an eviction order without requiring the City to provide particulars of the applicants' housing situation and its ability to provide emergency accommodation. The justice and equity enquiry mandated by the PIE Act requires consideration of all relevant circumstances, including the risk of homelessness for a large number of families. The Court found that the High Court should have investigated whether the municipality could provide alternative land or housing and should have explored mediation between the parties. The Court emph…
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Oelofsen NO v Gwebu and Others (10499/2004) [2010] ZAGPPHC 35; 2010 (5) SA 241 (GNP) (22 April 2010)
High Court joinder ruling in a PIE eviction matter: the municipality had to be joined so it could consider mediation and report before the eviction case could proceed.
Mangaung Local Municipality v Pudumo and Others (3143/09) [2010] ZAFSHC 2 (7 January 2010)
The court held that the applicant failed to meaningfully engage or attempt mediation with the respondents prior to seeking eviction, as required by constitutional principles and the PIE Act. The applicant's bald assertion of a failed meeting was insufficient, and the respondents' denial was accepted on the Plascon-Evans test. The court found that meaningful engagement and/or mediation is a prerequisite for a just and equitable eviction order. Accordingly, the matter was referred to a mediation process to be initiated and facilitated by the applicant, with the costs of the mediator to be borne…
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Occupiers of ERF 101,102, 104 and 112, Shorts Retreat, Pietermaritzburg v Daisy Dear Investments (Pty) Ltd and Others (245/08) [2009] ZASCA 80; 2010 (4) BCLR 354 (SCA); [2009] 4 All SA 410 (SCA) (3 July 2009)
The Supreme Court of Appeal found that the requirements of PIE were not met before the eviction order was granted. The High Court failed to consider whether alternative land or emergency accommodation was available for the occupiers, and did not take into account the rights and needs of vulnerable groups. The municipality, as a necessary party with constitutional obligations, should have been joined to the proceedings. The court emphasized that mediation should have been considered before granting an eviction order, especially given the large number of people affected. The eviction order was…
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