South Africa Case Law

Swartz v Butcher N.O and Others (A144/2024)

Swartz v Butcher N.O and Others (A144/2024) [2024] ZAWCHC 405 (29 November 2024)

Court

Western Cape High Court, Cape Town

Case number

A144/2024

Judges

Nuku, Bhoopchand

The appeal was dismissed because the Magistrate’s Court complied with the procedural and substantive requirements of PIE. The appellant was found to be in unlawful occupation, having failed to pay rent and received proper notice of lease termination. The Magistrate proactively facilitated the provision of a City housing report and gave the appellant opportunities to provide personal information and seek assistance, which she repeatedly declined. The appellant’s waiver of City assistance and failure to complete the housing questionnaire meant the Magistrate had sufficient grounds to proceed. T…

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• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Right Of Access To Housing
• Procedural Fairness
• Locus Standi
• Children's Rights

GA-Segonyana Local Municipality v All Unidentified and Unkown Persons Occupying or Intending to Unlawfully Occupy ERF [....] Kuruman (Depicted on Annexed Aerial Phtograph by Points A, B, C, D, D, E, F and G) and Others (1773/2021)

GA-Segonyana Local Municipality v All Unidentified and Unkown Persons Occupying or Intending to Unlawfully Occupy ERF [....] Kuruman (Depicted on Annexed Aerial Phtograph by Points A, B, C, D, D, E, F and G) and Others (1773/2021) [2022] ZANCHC 52 (16 September 2022)

Court

Northern Cape High Court, Kimberley

Case number

1773/2021

Judge

Stanton

The applicant is the registered owner of the land and an organ of state entitled to seek eviction under section 6 of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act. The respondents failed to establish any valid defence or provide evidence of consent to occupy. The opposition affidavit was deposed by a person lacking locus standi, and no actual occupiers opposed the application or disclosed personal circumstances relevant to the eviction. The occupation is unlawful, poses health and environmental risks, and the requirements of the Act have been met. The court found it j…

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• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Locus Standi
• Just And Equitable Eviction
• Right Of Access To Housing

Commando and Others v Woodstock Hub (Pty) Ltd and Another (13946/15; 13947/15; 13951/15; 13952/15)

Commando and Others v Woodstock Hub (Pty) Ltd and Another (13946/15; 13947/15; 13951/15; 13952/15) [2021] ZAWCHC 179; [2021] 4 All SA 408 (WCC) (6 September 2021)

Court

Western Cape High Court, Cape Town

Case number

13946/15; 13947/15; 13951/15; 13952/15

Judge

M Sher

The court found that the City of Cape Town's emergency housing programme and its implementation in relation to persons rendered homeless by eviction in the inner City, Woodstock, and Salt River is unconstitutional. The City's policies and practices were inconsistent, arbitrary, and resulted in irrational and unreasonable differentiation between similarly situated evictees. The City failed to provide a comprehensive, workable, and coherent emergency housing plan, and its reliance on financial constraints and lack of available land was inadequately substantiated. The court held that the City is…

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• Right Of Access To Housing
• Emergency Housing Programme
• Unlawful Eviction
• Municipal Obligations
• Progressive Realisation Of Rights
• Irrational And Arbitrary Policy

Turnover Trading 191 (Proprietary) Limited v Moshela and Others (77405/2018)

Turnover Trading 191 (Proprietary) Limited v Moshela and Others (77405/2018) [2020] ZAGPPHC 240 (2 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

77405/2018

Judge

Fabricius

The court found that the applicant is the registered owner of the property, which has been unlawfully occupied by the respondents for business and residential purposes in contempt of a prior interdict and in contravention of municipal planning laws. The respondents' business interests and right to work are not protected under PIE or section 26 of the Constitution, which only safeguards against homelessness. The City of Tshwane has a constitutional and statutory obligation to provide emergency accommodation, which has been fulfilled by the tender of suitable temporary housing at Erf 8. The obj…

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• Prevention Of Illegal Eviction Act
• Right Of Access To Housing
• Municipal Obligations
• Rule Of Law
• Admissibility Of Evidence
• Locus Standi

Standard Bank of South Africa Limited v Hendricks and Another (11294/18; 15134/18; 12777/18; 12285/18; 13809/18; 22263/17; 12365/18)

Standard Bank of South Africa Limited v Hendricks and Another (11294/18; 15134/18; 12777/18; 12285/18; 13809/18; 22263/17; 12365/18) [2018] ZAWCHC 175; [2019] 1 All SA 839 (WCC); 2019 (2) SA 620 (WCC) (14 December 2018)

Court

Western Cape High Court, Cape Town

Case number

11294/18; 15134/18; 12777/18; 12285/18; 13809/18; 22263/17; 12365/18

Judges

Erasmus, Dolamo, Savage

The full bench held that Rule 46A is intra vires the Rules Board, introducing procedural requirements for foreclosure against a primary residence but not substantive law. Personal service by the sheriff is required for such applications, and the court must be satisfied that genuine attempts at personal service have been made before authorising alternative service. Money judgment and special execution orders must be sought and adjudicated together, as they are causally and procedurally linked; piecemeal litigation is discouraged to avoid increased costs and prejudice to debtors. The court reta…

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• Foreclosure Procedure
• Rule 46a
• Right Of Access To Housing
• Personal Service Requirements
• Reserve Price Setting
• National Credit Act Compliance

Mogale City Local Municipality v Black Tad Investments CC (889/2017)

Mogale City Local Municipality v Black Tad Investments CC (889/2017) [2018] ZASCA 74 (31 May 2018)

Court

Supreme Court of Appeal

Case number

889/2017

Judges

Shongwe, Mbha, Van der Merwe, Mocumie, Plasket

The Supreme Court of Appeal held that the municipality owed the occupiers of Stand 48 Steynsvlei a statutory and constitutional obligation to provide emergency accommodation under the Emergency Housing Programme. The municipality repeatedly failed to comply with court orders requiring meaningful engagement and reporting, and its submissions did not dispute its obligations. The court found that the municipality's conduct prejudiced both the eviction proceedings and the owner's rights. The municipality's argument regarding the applicability of ESTA was not properly pleaded and could not be ente…

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• Right Of Access To Housing
• Emergency Housing Programme
• Structural Interdict
• Municipal Obligations
• Eviction Proceedings
• Just And Equitable Relief

Endumeni Civic Association and Others v Endumeni Local Municipality and Others (4610/2017)

Endumeni Civic Association and Others v Endumeni Local Municipality and Others (4610/2017) [2018] ZAKZPHC 43 (9 February 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4610/2017

Judge

Poyo Dlwati

The High Court reviewed and set aside irregular RDP housing allocations in Endumeni, granted declaratory and supervisory relief, and ordered detailed reporting.

• Right Of Access To Housing
• Promotion Of Administrative Justice Act
• Structural Interdict
• Municipal Governance
• Corrupt Allocation Of Rdp Houses
• Supervisory Jurisdiction

Thubakgale and Others v Ekurhuleni Metropolitan Municipality and Others (39602/2015)

Thubakgale and Others v Ekurhuleni Metropolitan Municipality and Others (39602/2015) [2017] ZAGPPHC 923; 2018 (6) SA 584 (GP) (15 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

39602/2015

Judge

M J Teffo

The court found that the respondents breached the applicants' constitutional right of access to adequate housing by failing to allocate stands and houses to them despite their approved housing subsidies. The allocation of stands to other individuals was not in accordance with the National Housing Code or the Housing Act. The respondents' explanations regarding dummy numbers and administrative errors were not justifiable, and their delay in providing housing was unreasonable. The court held that the applicants, as approved beneficiaries, were entitled to transfer of the properties and that the…

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• Right Of Access To Housing
• Housing Subsidy Allocation
• Progressive Realisation Of Rights
• National Housing Code
• Administrative Reasonableness

Mahogany Ridge 2 Property Owners Association v Unlawful Occupiers of Lot Pinetown and Others (2673/20114)

Mahogany Ridge 2 Property Owners Association v Unlawful Occupiers of Lot Pinetown and Others (2673/20114) [2016] ZAKZDHC 30 (15 February 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

2673/20114

Judge

M R Chetty

The court found that the municipality's application to vary the relocation site failed to establish exceptional circumstances justifying departure from the original order, especially as the order reflected the municipality's own proposal. The municipality's delay in seeking variation and lack of evidence regarding community resistance at the time of the original housing report undermined its case. On the contempt application, the court held that the municipality's conduct did not meet the threshold for wilful and mala fide disobedience, as its actions were taken in good faith, albeit mistaken…

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• Prevention Of Illegal Eviction Act
• Contempt Of Court
• Right Of Access To Housing
• Variation Of Court Order
• Damages For Unlawful Occupation
• Municipal Obligations

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…

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