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South Africa Case Law

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Land And Property [2023] ZAGPPHC 120

Mahlangu v Nkosi and Others

Mahlangu v Nkosi and Others [2023] ZAGPPHC 120; 43615/21 (23 February 2023)

Court
North Gauteng High Court, Pretoria
Case number
43615/21
Judge
Du Plessis

The court held that procedural compliance with PIE is not sufficient for granting an eviction order. The applicant must provide substantive information regarding the circumstances of the respondent occupiers to enable the court to exercise its constitutional duty to determine whether eviction is just and equitable. The applicant failed to provide adequate information about the respondents' circumstances, particularly whether eviction would result in homelessness or whether any vulnerable persons are affected. The court emphasized that the onus rests on the applicant to gather and present all…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Just And Equitable Eviction
  • Onus In Eviction
  • Section 26 Constitution
  • Unlawful Occupation
  • Judicial Discretion
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Land And Property [2015] ZAGPPHC 259

Rigacraft CC v Ramachela and Another (6967/2014)

Rigacraft CC v Ramachela and Another (6967/2014) [2015] ZAGPPHC 259 (8 May 2015)

Court
North Gauteng High Court, Pretoria
Case number
6967/2014
Judge
Prinsloo

The court found that the Brusson scheme constituted a fraudulent and simulated transaction, void ab initio for non-compliance with the National Credit Act and lack of genuine intention to transfer ownership. The purported transfers to investors and subsequent mortgage bond registrations were invalid, as the father never intended to transfer ownership and the investors never intended to acquire it. Consequently, the applicant, having acquired the property through a chain of void transactions, is not the true owner and cannot vindicate the property. The respondent and his family are not unlawfu…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Simulated Transaction
  • Fraudulent Transfer
  • National Credit Act Non Compliance
  • Onus In Eviction
  • Vindicatory Relief
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Land And Property [2012] ZASCA 116

City of Johannesburg v Changing Tides 74 (Pty) Ltd and Others (SCA)

City of Johannesburg v Changing Tides 74 (Pty) Ltd and Others (SCA) [2012] ZASCA 116; 2012 (6) SA 294 (SCA); 2012 (11) BCLR 1206 (SCA); [2013] 1 All SA 8 (SCA) (14 September 2012)

Court
Supreme Court of Appeal
Case number
735/2011
Judges
Mthiyane DP, Lewis JA, Tshiqi JA, Wallis JA, Petse JA

The Supreme Court of Appeal held that the high court's order requiring the sheriff to compile a matrix of occupier information was legally ineffective, as it exceeded the statutory functions of the sheriff and could not be enforced. The City of Johannesburg was properly joined as a necessary party because the eviction would likely trigger its constitutional obligations to provide emergency accommodation. The applicant for eviction bears the onus to place sufficient information before the court to enable a just and equitable determination, but the local authority must also provide a detailed r…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Just And Equitable Eviction
  • Municipal Housing Obligations
  • Joinder Of Local Authority
  • Onus In Eviction
  • Temporary Emergency Accommodation
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Land And Property [2003] ZAWCHC 48

Absa Bank bpk v Murray and Another (8946/02)

Absa Bank bpk v Murray and Another (8946/02) [2003] ZAWCHC 48; 2004 (1) BCLR 10 (C); 2004 (2) SA 15 (C) (18 September 2003)

Court
Western Cape High Court, Cape Town
Case number
8946/02
Judge
Binns-Ward

The court held that the provisions of PIE require a substantive enquiry into whether eviction is just and equitable, considering all relevant circumstances, including the rights and needs of the occupiers and the proprietary rights of the owner. The sale of the property by the mortgagee under the Insolvency Act was not a 'sale in execution' as contemplated by PIE, so the full range of relevant circumstances applied. The respondents’ circumstances, while sympathetic, did not justify overriding the owner’s right to possession, especially given the respondents’ ability to provide for themselves…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Eviction Proceedings
  • Just And Equitable Standard
  • Constitutional Property Rights
  • Onus In Eviction
  • Municipal Role In Eviction
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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.