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Smith v Smith and Others (A250/24) [2025] ZAWCHC 75 (4 March 2025)
Appeal dismissed in an eviction dispute after the court upheld an oral lease, rejected a claimed right of habitation, and confirmed the eviction order.
Plaatjies v Meintjies and Another (A81/2022; 787/2020) [2022] ZAWCHC 185 (19 September 2022)
High Court appeal in a PIE eviction matter. The court held the respondent lacked locus standi when proceedings began, and the eviction order was set aside.
Hendricks v Hendricks and Others (20519/14) [2015] ZASCA 165; 2016 (1) SA 511 (SCA) (25 November 2015)
The Supreme Court of Appeal held that the holder of a right of habitation is a 'person in charge' for purposes of the PIE Act and may lawfully exclude even the owner from occupation absent consent. The first respondent, as owner, occupied the property without the appellant's consent and was therefore an 'unlawful occupier' under the PIE Act. The lower courts erred in finding otherwise. However, the PIE Act requires that eviction may only be ordered if it is just and equitable, considering the rights and needs of vulnerable groups and other relevant circumstances. As the magistrates' court did…
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