South Africa Case Law

Malan v City of Cape Town (CCT 143/13)

Malan v City of Cape Town (CCT 143/13) [2014] ZACC 25; 2014 (6) SA 315 (CC); 2014 (11) BCLR 1265 (CC) (18 September 2014)

Court

Constitutional Court

Case number

CCT 143/13

Judges

Moseneke ACJ, Skweyiya ADCJ, Cameron J, Dambuza AJ, Froneman J, Jafta J, Khampepe J, Madlanga J, Majiedt AJ, Van der Westhuizen J, Zondo J

The Constitutional Court, by majority, held that while leave to appeal should be granted due to the constitutional and public interest issues raised, the appeal must be dismissed. The majority found that the City of Cape Town lawfully cancelled the lease agreement with Ms Malan after affording her notice and an opportunity to remedy her rental arrears, and that the evidence of ongoing illegal activities on the property justified cancellation and eviction. The Court determined that the lease clauses, when applied with procedural fairness and an opportunity to rectify breaches, are not unconsti…

Source excerpt

• Right Of Access To Housing
• Public Rental Housing
• Eviction Proceedings
• Procedural Fairness
• Security Of Tenure
• Prevention Of Illegal Eviction Act