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South Africa Case Law

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Land And Property [2023] ZAWCHC 20

Van Der Valk N.O and Others v Johnson and Others (20449/2021)

Van Der Valk N.O and Others v Johnson and Others (20449/2021) [2023] ZAWCHC 20 (30 January 2023)

Court
Western Cape High Court, Cape Town
Case number
20449/2021
Judge
P. S. Van Zyl

The applicants, as trustees of the Falcon Trust, have established locus standi as registered owners of the property. The respondents' leases were lawfully terminated, and they have remained in occupation without consent, rendering them unlawful occupiers under PIE. The respondents' primary defence—a dispute over water supply—does not constitute a valid defence to eviction and is being ventilated in a separate damages claim in the magistrate's court. The respondents have provided insufficient information regarding their personal circumstances and efforts to secure alternative accommodation. Th…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Unlawful Occupation
  • Just And Equitable Eviction
  • Termination Of Lease
  • Arrear Rental
  • Municipal Alternative Accommodation
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Land And Property [2022] ZAWCHC 249

CJW Belegings (Pty) Ltd v Arendse and Others (1755/2021; 11835/22)

CJW Belegings (Pty) Ltd v Arendse and Others (1755/2021; 11835/22) [2022] ZAWCHC 249 (1 December 2022)

Court
Western Cape High Court, Cape Town
Case number
1755/2021; 11835/22
Judge
LekhULENI

The court found that the applicant, as owner of the farm, had standing to bring the eviction application and that the deponent's authority was sufficiently established. The respondents failed to prove they qualified as 'occupiers' under ESTA, as they did not demonstrate consent to occupy, income below the statutory threshold, or any other right in law. The PIE Act was therefore applicable. The respondents had been given reasonable notice and had refused alternative accommodation offered by the municipality. The court considered the rights and needs of the respondents, including the presence o…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Extension Of Security Of Tenure Act
  • Locus Standi
  • Just And Equitable Eviction
  • Municipal Alternative Accommodation
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Land And Property [2019] ZAFSHC 27

Molatedi and Another v Lempe and Others (4236/2018)

Molatedi and Another v Lempe and Others (4236/2018) [2019] ZAFSHC 27 (14 March 2019)

Court
Free State High Court, Bloemfontein
Case number
4236/2018
Judge
Chesiwe

The applicants proved ownership of the property through a registered title deed. The respondents failed to establish a valid defence to the eviction, as their alleged allocation and deed of sale from the municipality did not constitute legal title. The court found that all procedural requirements under the PIE Act were met, including proper notice and engagement with the municipality. The municipality offered alternative accommodation, and the eviction would not render the respondents homeless. The court exercised its discretion, finding it just and equitable to grant the eviction order, with…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Unlawful Occupation
  • Title Deed Evidence
  • Just And Equitable Eviction
  • Municipal Alternative Accommodation
  • Commissioner Of Oaths Compliance
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.