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South Africa Case Law

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Land And Property [2023] ZAWCHC 44

Vacation Import (Pty) Ltd v Bumina and Others; Vacation Import (Pty) Ltd v Ngaleka and Others (3852/2022;3855/2022)

Vacation Import (Pty) Ltd v Bumina and Others; Vacation Import (Pty) Ltd v Ngaleka and Others (3852/2022;3855/2022) [2023] ZAWCHC 44 (3 March 2023)

The court held that although the applicant did not strictly comply with section 4(2) of PIE, the respondents were fully informed of the proceedings, represented by counsel, and had the opportunity to oppose the applications, thereby achieving the object of the statutory provision. The respondents' occupation was found to be unlawful, as they had no valid lease and had refused to regularise their status or vacate the properties. The pending review application, even if successful, would not render the respondents lawful occupiers, nor would it affect the applicant's standing as registered owner…

  • Prevention Of Illegal Eviction Act
  • Municipal Obligations In Eviction
  • Condonation Of Non Compliance
  • Standing Of Registered Owner
  • Review Of Administrative Action
  • Social Housing Act
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Land And Property [2008] ZAGPHC 15

Sailing Queen Investments v Occupants La Colleen Court (4480 / 07)

Sailing Queen Investments v Occupants La Colleen Court (4480 / 07) [2008] ZAGPHC 15; 2008 (6) BCLR 666 (W) (25 January 2008)

The Court held that the City of Johannesburg is a necessary party to the eviction proceedings due to its constitutional and statutory obligations to provide information and alternative accommodation to individuals in desperate need. The absence of the City prevents the Court from making a just and equitable determination as required by PIE and the Constitution. The Court distinguished the Xantium Trading decision, finding that the interests of justice and the protection of vulnerable occupiers require the joinder of the municipality. The City must be joined so that it can fulfil its obligatio…

  • Prevention Of Illegal Eviction Act
  • Municipal Obligations In Eviction
  • Joinder Of Parties
  • Just And Equitable Eviction
  • Housing Act
  • Constitutional Right To Housing
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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.