South Africa Case Law

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

Mlozana v Mangaung Metropolitan Municipality (2723/2022)

Mlozana v Mangaung Metropolitan Municipality (2723/2022) [2024] ZAFSHC 184 (14 June 2024)

Court

Free State High Court, Bloemfontein

Case number

2723/2022

Judges

P.E. Molitsoane, J.P. Daffue

The High Court dismissed a review seeking a permit to occupy an erf, holding that the current permit holder had to be joined and the applicant failed to prove residence.

• Promotion Of Administrative Justice Act
• Permit To Occupy
• Joinder Of Interested Parties
• Municipal Housing Policy
• Administrative-law
• Joinder

Somhlaba and Another v Breede River Municipality (19946/2023)

Somhlaba and Another v Breede River Municipality (19946/2023) [2023] ZAWCHC 339 (13 December 2023)

Court

Western Cape High Court, Cape Town

Case number

19946/2023

Judge

M J Bishop

The court found that the municipality unlawfully dispossessed the applicants from Unit 2[...]5 without a court order, violating the rule of law and constitutional principles prohibiting self-help. Although the applicants established possession and spoliation, restoration of possession was impossible because the unit had already been allocated and transferred to an innocent third party, Ms Bushwana, who was not a party to the proceedings and whose occupation appeared lawful. The court held that spoliation proceedings cannot be used to evict an innocent third party, as this would contravene est…

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• Mandament Van Spolie
• Unlawful Dispossession
• Municipal Housing Policy
• Rule Of Law Violation
• Punitive Costs
• Restoration Of Possession

Nelson Mandela Metropolitan Municipality v Mcanyanga and Others (CA 45/2019)

Nelson Mandela Metropolitan Municipality v Mcanyanga and Others (CA 45/2019) [2020] ZAECGHC 143 (8 December 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 45/2019

Judges

M Makaula, I Schoeman, B Pakati

Appeal dismissed in an eviction dispute; the court held it was not just and equitable to evict long-term occupants without suitable alternative accommodation.

• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Alternative Accommodation
• Municipal Housing Policy
• Constitutional Right To Housing
• Balancing Of Interests

Khan v Passenger Rail Agency of South Africa and Another (A3056/2014)

Khan v Passenger Rail Agency of South Africa and Another (A3056/2014) [2015] ZAGPJHC 16 (13 February 2015)

Court

South Gauteng High Court, Johannesburg

Case number

A3056/2014

Judges

Tshabalala, Crouse

The Court found that the Appellant and his family would not be rendered homeless by the eviction, as their joint income exceeded the threshold for emergency housing and affordable rental options were available. The Appellant had not taken reasonable steps to secure alternative accommodation and was not living in unsatisfactory conditions akin to informal housing. The municipality's policy on emergency housing was not challenged as unreasonable, and section 26 of the Constitution does not entitle individuals to a specific home or immediate state-aided housing upon demand. The interests of the…

Source excerpt

• Eviction
• Section 26 Right To Housing
• Prevention Of Illegal Eviction Act
• Just And Equitable Test
• Municipal Housing Policy
• Security Of Tenure

City of Cape Town v Daniels and Others (5090/2011)

City of Cape Town v Daniels and Others (5090/2011) [2011] ZAWCHC 340 (25 August 2011)

Court

Western Cape High Court, Cape Town

Case number

5090/2011

Judge

Schippers AJ

The court found that the respondents were unlawful occupiers as defined by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998, since no tenancy or consent had been granted to them after the death of the original tenant. The evidence, both direct and circumstantial, established that drug dealing and illegal activities were taking place on the property with the knowledge and acquiescence of the first respondent. The respondents' explanations were found to be implausible and lacking credibility. The court held that considerations of fairness and equity, includ…

Source excerpt

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Just And Equitable Eviction
• Arrear Rental
• Municipal Housing Policy

City of Cape Town v Maart & Others (8667/2006)

City of Cape Town v Maart & Others (8667/2006) [2010] ZAWCHC 41 (16 March 2010)

Court

Western Cape High Court, Cape Town

Case number

8667/2006

Judge

Zondi

The High Court granted eviction of unlawful occupiers from municipal land, finding the offer of Blikkiesdorp reasonable and just and equitable under PIE.

• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Alternative Accommodation
• Municipal Housing Policy
• Rights Of Unlawful Occupiers
• Prevention-of-illegal-eviction-act