South Africa Case Law

Moalusi and Another v Kondowe and Another (2023/119996)

Moalusi and Another v Kondowe and Another (2023/119996) [2025] ZAGPJHC 693 (16 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/119996

Judge

A J D'Oliveira

The respondent has no legal entitlement to remain in occupation of the property. The instalment sale agreement was cancelled, and any claims to improvements or compensation were resolved by a settlement agreement in September 2023. The respondent's alleged lien is vague and unsupported by evidence, and is contradicted by the settlement. The applicants have complied with all procedural requirements under the Prevention of Illegal Eviction and Unlawful Occupation Act. The respondent is employed and alternative accommodation is available. The presence of minor children does not create a right to…

Source excerpt

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Just And Equitable Order

Mankuroane and Others v Buti and Others (M164/23)

Mankuroane and Others v Buti and Others (M164/23) [2025] ZANWHC 118 (15 July 2025)

Court

North West High Court, Mafikeng

Case number

M164/23

Judge

A Reddy

The court found that the applicants, as the Paramount Chief, Traditional Council, and registered cooperative, have locus standi as persons in charge and lawful custodians of the land under both statutory and customary law. The respondents are unlawful occupiers, having no permission or legal right to occupy the land, and have continued their occupation despite previous court orders. The applicants failed to serve the required PIE notice on the third and fourth respondents, rendering the application against them fatally defective. The remaining respondents have not raised a valid defence, and…

Source excerpt

• Prevention Of Illegal Eviction Act
• Customary Land Rights
• Locus Standi
• Just And Equitable Eviction
• Municipal Services
• Public Interest Litigation

Norvena Property Consortium (Pty) Ltd v Mashamba and Others (2022/018083)

Norvena Property Consortium (Pty) Ltd v Mashamba and Others (2022/018083) [2025] ZAGPJHC 683 (7 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/018083

Judge

Mahomed

The High Court granted an eviction order after finding the applicant had complied with PIE, proved substantial rental arrears, and the respondent had no valid defence.

• Prevention Of Illegal Eviction Act
• Arrear Rental
• Just And Equitable Eviction
• Unlawful Occupation
• Eviction
• Pie-act

Mohamed v Moosa and Others (44567/2021)

Mohamed v Moosa and Others (44567/2021) [2025] ZAGPPHC 681 (2 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

44567/2021

Judge

Phahlamohlaka

Eviction and interdict applications failed after the court found a genuine factual dispute about occupation, payments, and the validity of a sale agreement.

• Alienation Of Land Act
• Eviction Proceedings
• Dispute Of Fact
• Counter Application
• Prevention Of Illegal Eviction Act
• Eviction-proceedings

De Lange v Benade and Others (2024-084568)

De Lange v Benade and Others (2024-084568) [2025] ZAGPPHC 611 (25 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-084568

Judge

E.M Kubushi

The court struck from the roll an ex parte PIE Act notice application because the eviction grounds differed from the main eviction case and material facts were not fully disclosed.

• Prevention Of Illegal Eviction Act
• Ex Parte Applications
• Notice Requirements
• Cause Of Action Consistency
• Pie-act
• Ex-parte-applications

Greater Letaba Municipality v Bopape and Others (7772/2021)

Greater Letaba Municipality v Bopape and Others (7772/2021) [2025] ZALMPPHC 117 (18 June 2025)

Court

Limpopo High Court, Polokwane

Case number

7772/2021

Judge

L.A Nkoana

The High Court granted Greater Letaba Municipality an eviction order under PIE, dismissed a non-joinder plea, and gave the respondents 30 days to vacate.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Locus Standi
• Non Joinder
• Just And Equitable Eviction
• Pie-eviction

University of Cape Town v Villo and Others (2025/037004)

University of Cape Town v Villo and Others (2025/037004) [2025] ZAWCHC 262 (13 June 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/037004

Judge

P. S. Van Zyl

The court found that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) does not apply to student accommodation, as established by the Supreme Court of Appeal in Stay At South Point Properties. Student accommodation is temporary, purpose-specific, and subject to annual rotation, and does not constitute a 'home' for PIE purposes. The respondents had no current right to occupy the residence, as none were allocated placement for the 2025 academic year and most were not registered students. UCT demonstrated ownership and the absence of any enforceable right of occup…

Source excerpt

• Unlawful Occupation
• Student Accommodation
• Prevention Of Illegal Eviction Act
• Right To Education
• Common Law Ejectment
• Higher Education Policy

Nwobi and Another v Metsing and Others (2017/043444)

Nwobi and Another v Metsing and Others (2017/043444) [2025] ZAGPJHC 580 (10 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2017/043444

Judge

Adams

Eviction granted under PIE, but some occupiers are protected until the City provides temporary emergency accommodation within two years.

• Prevention Of Illegal Eviction Act
• Statutory Eviction
• Just And Equitable Eviction
• Temporary Emergency Accommodation
• Municipal Obligations
• Homelessness Risk

Dawood and Others v Molebele and Others (2013/35000)

Dawood and Others v Molebele and Others (2013/35000) [2025] ZAGPJHC 585 (9 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2013/35000

Judge

Nair

High Court eviction matter following cancelled sales in execution. The court cured short service by postponement, found eviction just and equitable, and granted costs on scale C.

• Prevention Of Illegal Eviction Act
• Eviction Procedure
• Sale In Execution
• Notice Requirements
• Just And Equitable Eviction
• Eviction

Golden Harvest Medical Centre Proprietary Limited v Ntsanu and Others (2024/133489)

Golden Harvest Medical Centre Proprietary Limited v Ntsanu and Others (2024/133489) [2025] ZAGPJHC 528 (27 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/133489

Judge

FMM Reid

Urgent eviction under section 5 of PIE was refused because the applicant failed to show that no other effective remedy existed.

• Prevention Of Illegal Eviction Act
• Urgent Eviction
• Unlawful Occupation
• Alternative Remedy
• Costs Award
• Prevention-of-illegal-eviction-act