South Africa Case Law

Nonica Estates CC v All Illegal Occupiers, Invaders and any Person Holding Residence under such Illegal Occupiers and Invaders of the Immovable Property and Others (3167/2018)

Nonica Estates CC v All Illegal Occupiers, Invaders and any Person Holding Residence under such Illegal Occupiers and Invaders of the Immovable Property and Others (3167/2018) [2024] ZAECMHC 44 (28 May 2024)

Court

Eastern Cape High Court, Mthatha

Case number

3167/2018

Judge

Hinana

Eviction application dismissed because the applicant did not prove authority to institute and prosecute the proceedings under Rule 7(1).

• Eviction Proceedings
• Authority To Institute Proceedings
• Locus Standi
• Rule 7 Uniform Rules
• Prevention Of Illegal Eviction
• Eviction-proceedings

Cuducap (Pty) Ltd v De Bruyn (69/2023)

Cuducap (Pty) Ltd v De Bruyn (69/2023) [2024] ZASCA 62 (29 April 2024)

Court

Supreme Court of Appeal

Case number

69/2023

Judges

Molemela, Mbatha, Meyer, Goosen, Bloem

The Supreme Court of Appeal upheld an eviction appeal, set aside the lower courts’ orders, and remitted the matter for consideration of joinder of interested third parties.

• Joinder Of Parties
• Eviction
• Public Policy
• Direct And Substantial Interest
• Remittal
• Prevention Of Illegal Eviction

Ekurhuleni Metropolitan Municipality v Harmse and Others (0014030/2017)

Ekurhuleni Metropolitan Municipality v Harmse and Others (0014030/2017) [2023] ZAGPJHC 860 (31 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

0014030/2017

Judge

de Vos

The High Court dismissed a municipality’s bid to force eviction for zoning compliance, holding the relief effectively amounted to an eviction order barred by section 26 protections.

• Section 26 Right To Housing
• Municipal Zoning
• Eviction Proceedings
• Meaningful Engagement
• Interdicts
• Prevention Of Illegal Eviction

Let's Care Housing (Pty) Ltd v Thutlwa and Others (044138/2022)

Let's Care Housing (Pty) Ltd v Thutlwa and Others (044138/2022) [2023] ZAGPJHC 154 (16 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

044138/2022

Judge

Strijdom

The High Court dismissed special pleas of lis alibi pendens and lack of locus standi, and made the draft order an order of court in an urgent PIE-related matter.

• Prevention Of Illegal Eviction
• Lis Alibi Pendens
• Locus Standi
• Rule Nisi
• Special Plea Procedure
• Lis-alibi-pendens

Ngeketo and Others v Minister of Justice and Correctional Services and Others (3750/2022)

Ngeketo and Others v Minister of Justice and Correctional Services and Others (3750/2022) [2022] ZAECMHC 41 (20 September 2022)

Court

Eastern Cape High Court, Mthatha

Case number

3750/2022

Judge

Dreyer

The High Court dismissed an urgent application over alleged demolition of structures on state land at Highbury, finding no peaceful possession, no proven demolition, and no basis for interdictory relief.

• Unlawful Occupation
• Interdict
• Mandament Van Spolie
• Prevention Of Illegal Eviction
• Prima Facie Right
• Urgent-interdict

Redefine Properties Ltd v Government of the Republic of South Africa and Others (29258/2021)

Redefine Properties Ltd v Government of the Republic of South Africa and Others (29258/2021) [2022] ZAGPPHC 62; 2023 (1) SA 226 (GP) (9 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

29258/2021

Judge

Khashane Manamela

The court found that, pending completion of the vesting process and registration by the Registrar of Deeds, the National Government remains the owner of the Adjacent Property and retains all attendant rights and obligations. The applicant established the existence of a private nuisance emanating from the Adjacent Property, which interferes unreasonably with the use and enjoyment of its own property. The National Government, as owner, is obliged to abate the nuisance. However, the court declined to order eviction proceedings, instead directing the National Government to remediate the nuisance…

Source excerpt

• State Land Ownership
• Nuisance
• Prevention Of Illegal Eviction
• Section 25 Property Rights
• Section 26 Housing Rights
• Item 28 Schedule 6 Vesting

City of Cape Town v Those persons attempting and/or intending to settle on the erven in District Six the details of which are identified in Annexure A to notice of motion (7349/2021)

City of Cape Town v Those persons attempting and/or intending to settle on the erven in District Six the details of which are identified in Annexure A to notice of motion (7349/2021) [2021] ZAWCHC 98 (19 May 2021)

Court

Western Cape High Court, Cape Town

Case number

7349/2021

Judge

J Cloete

The High Court confirmed an interdict protecting District Six properties from unlawful occupation, holding that the City had a clear right and no adequate alternative remedy.

• Unlawful Occupation
• Land Restitution
• Interdict
• Group Areas Act
• Prevention Of Illegal Eviction
• Constitutional Rights

Yeast City Housing v Kutumela and Others (62519/2020)

Yeast City Housing v Kutumela and Others (62519/2020) [2020] ZAGPPHC 750 (15 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

62519/2020

Judge

Davis

The court found that the respondents were in contempt of previous court orders, specifically those restraining intimidation, harassment, and unlawful interference with property and electricity supply at Thembelihle Village. The applicant's evidence, including affidavits, photographs, and video footage, was detailed, corroborated, and unchallenged in substance. The respondents' blanket denials and technical defences were rejected as spurious. The conduct of the respondents, including violence, kidnapping, damage to property, and illegal electricity reconnections, was criminal and endangered li…

Source excerpt

• Contempt Of Court
• Eviction
• Prevention Of Illegal Electricity Connections
• Interdict
• Prevention Of Illegal Eviction
• Damage To Property

Mohlala and Others v Mashale and Another (A3014/2019)

Mohlala and Others v Mashale and Another (A3014/2019) [2019] ZAGPJHC 355 (17 September 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A3014/2019

Judges

F Dippenaar, U Bhoola

The High Court dismissed an appeal against an eviction order, finding the magistrate had given reasons under PIE and that no basis existed to set it aside.

• Eviction
• Condonation
• Joinder Of Parties
• Unlawful Occupation
• Prevention Of Illegal Eviction
• Pie-act

Steenkamp and Another v Camphill Farm Community (2319/10)

Steenkamp and Another v Camphill Farm Community (2319/10) [2010] ZAWCHC 46 (18 March 2010)

Court

Western Cape High Court, Cape Town

Case number

2319/10

Judge

S Olivier

Urgent application over a disabled adult’s residency at Camphill was postponed sine die after the court held that a curator ad litem was required.

• Locus Standi
• Mental Health Act
• Unlawful Occupation
• Curator Ad Litem
• Contractual Breach
• Prevention Of Illegal Eviction