South Africa Case Law

Gaqa and Others v Ingquza Hill Local Municipality and Others (3949/2024)

Gaqa and Others v Ingquza Hill Local Municipality and Others (3949/2024) [2025] ZAECMHC 27 (22 April 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3949/2024

Judge

N.R Mtshabe

The applicants are affected by the order granted by Brooks J on 9 July 2024, even though they were not cited by name. The proper procedure for persons affected by an order granted in their absence is to apply for rescission or variation under Rule 42(1)(a) of the Uniform Rules of Court. The applicants did not seek to set aside the order, nor did they produce any decision by the municipality to implement the order that could be declared invalid. The relief sought in the urgent application, specifically the interim interdict and declaratory relief, cannot be granted in the absence of a proper a…

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• Interim Interdict
• Declaratory Relief
• Rule 42 Variation
• Unlawful Occupation
• Municipal Land Ownership

Ndou and Others v Thulamela Municipality (HCA 01/2023; 1143/2018)

Ndou and Others v Thulamela Municipality (HCA 01/2023; 1143/2018) [2025] ZALMPTHC 5; [2025] 3 All SA 212 (LT) (24 March 2025)

Court

Limpopo High Court, Thohoyandou

Case number

HCA 01/2023

Judges

ASL Van Wyk, TV Ratshibvumo, S Mathabathe

The court found that the respondent proved ownership of the properties and that the appellants' occupation was unlawful and exceeded six months. The court a quo actively investigated all relevant circumstances, including the appellants' personal situations and the availability of alternative accommodation. The appellants failed to provide the required personal information despite being ordered to do so. The respondent offered demarcated residential sites for resettlement. The authority of the respondent's deponent was not properly challenged under Rule 7, rendering the objection meritless. Th…

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• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Municipal Land Ownership
• Alternative Accommodation
• Constitutional Right To Housing
• Authority Of Deponent

Thembisile Hani Local Municipality v Mahlangu and Others (5018/2022)

Thembisile Hani Local Municipality v Mahlangu and Others (5018/2022) [2024] ZAMPMHC 2 (9 January 2024)

Court

Middelburg High Court, Mpumalanga

Case number

5018/2022

Judge

MBG Langa

The court found that the applicant is the lawful owner of the properties by virtue of a donation agreement and that the respondents are unlawful occupiers who took possession without consent and in defiance of notices and court orders. The respondents failed to establish any valid claim of ownership under the RLRA, as no supporting evidence or court order was provided. The court held that the applicant complied with PIE, including proper service of the section 4(2) notice. The respondents' arguments regarding alternative accommodation and the rights of vulnerable groups were not supported by…

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• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Right To Housing
• Municipal Land Ownership
• Eviction Procedure
• Alternative Accommodation

Madibeng Local Municipality v Unknown Tresspassers of Letlhabile B Extension 1 Township and Others (57075/2020)

Madibeng Local Municipality v Unknown Tresspassers of Letlhabile B Extension 1 Township and Others (57075/2020) [2023] ZAGPPHC 1977 (29 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

57075/2020

Judge

NTLAMA-MAKHANYA

The court found that while the applicant municipality established a clear right of ownership over the land, it failed to present a reasonable and concrete plan for alternative accommodation for the unlawful occupiers, as required by section 6(3) of the PIE Act. The municipality's proposal to house the occupiers in a municipal hall was deemed inadequate and inconsistent with constitutional standards of dignity, privacy, and access to housing. The court emphasized that eviction orders must be just and equitable, taking into account the vulnerability of the occupiers and the state's obligations…

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• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Alternative Accommodation
• Right To Housing
• Self Help And Vigilantism
• Municipal Land Ownership

City of Ekurhuleni Metropolitan Municipality v Dunga and Another (2017/45283)

City of Ekurhuleni Metropolitan Municipality v Dunga and Another (2017/45283) [2022] ZAGPJHC 357 (26 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2017/45283

Judge

Moorcroft

The applicant is the lawful owner of the property and has demonstrated a need for the land to fulfil its municipal service delivery obligations. The respondents have not established any real or personal rights to the property, nor have they made firm offers to purchase or lease it. The court is satisfied that the applicant has placed all relevant facts before it and that the respondents, represented by counsel, had the opportunity to do likewise. There is no evidence of elderly, children, disabled persons, or female-headed households among the occupiers. The requirements of the Prevention of…

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• Prevention Of Illegal Eviction Act
• Municipal Land Ownership
• Just And Equitable Eviction
• Section 25 Constitution
• Service Delivery Obligations
• Unlawful Occupation

Lepelle Nkumpi Local Municipality v The Bakgaga Ba Ga-Mphalele Traditional Authority and Others (6753/2018)

Lepelle Nkumpi Local Municipality v The Bakgaga Ba Ga-Mphalele Traditional Authority and Others (6753/2018) [2021] ZALMPPHC 42 (5 August 2021)

Court

Limpopo High Court, Polokwane

Case number

6753/2018

Judge

EM Makgoba

The High Court declared Lepelle Nkumpi Local Municipality the owner of specified Voorspoed 458 K.S. portions and restrained the second respondent from dealing with them.

• Declaratory Relief
• Interdict
• Municipal Land Ownership
• Traditional Authority Powers
• Illegal Land Occupation
• Restitution Of Land Rights

Mier Local Municipality v Kootjies and Others (2267/2015)

Mier Local Municipality v Kootjies and Others (2267/2015) [2016] ZANCHC 81 (16 September 2016)

Court

Northern Cape High Court, Kimberley

Case number

2267/2015

Judge

Mamosebo

The High Court upheld Mier Local Municipality’s eviction application, finding the respondents occupied municipal land unlawfully and failed to prove proper consultation.

• Rei Vindicatio
• Eviction
• Municipal Land Ownership
• Prospecting Rights
• Consultation Requirements
• Rei-vindicatio