South Africa Case Law

City of Johannesburg Metropolitan Municipality and Others v Occupiers [of Portion 9[...] of the Farm Randjesfontein No 4[...]] and Others (636/23)

City of Johannesburg Metropolitan Municipality and Others v Occupiers [of Portion 9[...] of the Farm Randjesfontein No 4[...]] and Others (636/23) [2025] ZASCA 47; [2025] 3 All SA 1 (SCA) (23 April 2025)

Court

Supreme Court of Appeal

Case number

636/23

Judges

Makgoka, Schippers, Mothle, Hendricks, Naidoo

The Supreme Court of Appeal held that in eviction proceedings under s 4(7) of the PIE Act, a municipality is obliged to consider the occupiers' right to earn a living as part of the just and equitable enquiry. The court found that the City's attempt to prohibit the occupiers from continuing their waste-picking activities at the relocation site was arbitrary, irrational, and unsupported by law or policy. The activities of the occupiers were not prohibited by municipal zoning or any environmental legislation. The right to dignity and socio-economic rights, including the ability to earn a living…

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• Prevention Of Illegal Eviction Act
• Right To Adequate Housing
• Emergency Temporary Accommodation
• Municipal Zoning
• Dignity And Socio Economic Rights
• International Human Rights Law

Dreyer and Dreyer CC v N.J.M and Others (03R/2025)

Dreyer and Dreyer CC v N.J.M and Others (03R/2025) [2025] ZALCC 13 (14 March 2025)

Court

Land Claims Court

Case number

03R/2025

Judge

Tebeile S.S.

The Land Claims Court found that the Magistrate's Court erred in accepting the Applicant's argument that the First Respondent's right of residence was solely linked to his employment. The evidence, including the probation officer's report, established that the First Respondent had resided on the farm since 1993, predating the employment relationship and thus falling under section 10 of the Extension of Security of Tenure Act. The Magistrate's Court failed to properly consider the probation officer's report, which highlighted the lack of suitable alternative accommodation and the risk of homel…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Right To Adequate Housing
• Children Rights
• Just And Equitable Eviction
• Termination Of Right Of Residence

Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/2016)

Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/2016) [2025] ZAGPJHC 279 (14 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

40135/2016

Judge

Mahosi

The City of Johannesburg's failure to comply with the Claassen Order to provide temporary emergency accommodation to the unlawful occupiers was wrongful and constituted a breach of both the occupiers' constitutional right to adequate housing and Changing Tides' right to property. The City agreed to the deadline for accommodation with full knowledge of its financial position and failed to seek a variation of the order when it became unable to comply. Its conduct was reckless and demonstrated a lack of political will, resulting in Changing Tides being deprived of the use and income of its prope…

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• Pure Economic Loss
• Failure To Comply With Court Order
• Right To Adequate Housing
• Deprivation Of Property
• Municipal Liability
• Damages Assessment

Setsoto Local Municipality v Various Individual Unlawful Occupiers and Intended Unlawful Occupiers of the Remaining Extent of Ficksburg Dorp Gronde 75, (Commonly Known as Peach Farm & Imperani Mountain in Ficksburg) and Others (5154/2023)

Setsoto Local Municipality v Various Individual Unlawful Occupiers and Intended Unlawful Occupiers of the Remaining Extent of Ficksburg Dorp Gronde 75, (Commonly Known as Peach Farm & Imperani Mountain in Ficksburg) and Others (5154/2023) [2024] ZAFSHC 299 (19 September 2024)

Court

Free State High Court, Bloemfontein

Case number

5154/2023

Judge

Parks AJ

The Free State High Court granted an eviction order under PIE, rescinded a costs order for procedural unfairness, and dismissed strike-out and condonation objections.

• Prevention Of Illegal Eviction Act
• Right To Adequate Housing
• Eviction Procedure
• Condonation
• Rescission Of Judgment
• Audi Alteram Partem

Barker and Another v Nangu and Another (EL2049/2023)

Barker and Another v Nangu and Another (EL2049/2023) [2024] ZAECELLC 37 (9 July 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL2049/2023

Judge

Bodlani

The court found that the respondents, having lost ownership of the property through sale in execution and remaining in occupation without the consent of the new owners, are unlawful occupiers under the PIE Act. The respondents failed to provide a valid legal defence to eviction and did not cooperate with the municipality or the court's directives to facilitate a case-specific report on their circumstances. The municipality eventually provided a general report but was unable to assess the respondents' eligibility for emergency accommodation due to their non-cooperation. The applicants have not…

Source excerpt

• Prevention Of Illegal Eviction Act
• Right To Adequate Housing
• Sale In Execution
• Municipal Obligations
• Just And Equitable Eviction
• Constitutional Property Rights

Communicare NPC v Khonzaphi and Another (6683/2023)

Communicare NPC v Khonzaphi and Another (6683/2023) [2024] ZAWCHC 355 (21 May 2024)

Court

Western Cape High Court, Cape Town

Case number

6683/2023

Judge

Van den Berg

The court found that the applicant lawfully terminated the lease agreement after the first respondent failed to pay rent and other charges, and that the respondent is in unlawful occupation. The PIE Act requirements were met, including proper notice and service. The respondent's financial difficulties and family circumstances were considered, as well as the City's housing report confirming she would be rendered homeless if evicted. The court balanced the applicant's rights as property owner against the respondent's right to housing, finding that a four-month suspension of the eviction order w…

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• Eviction Under Pie Act
• Lease Termination
• Just And Equitable Remedy
• Right To Adequate Housing
• Costs Order
• Municipal Obligations

Madulammoho Housing Association v Mosiuoa and Another (9713/2022)

Madulammoho Housing Association v Mosiuoa and Another (9713/2022) [2024] ZAGPJHC 301 (20 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

9713/2022

Judge

J J Meiring

The court found that the applicant had established unlawful occupation by the first respondent, who failed to pay rent and breached the lease agreement. The respondent's defence of a rent-to-buy arrangement was unsupported by credible evidence or relevant documentation. The documents submitted by the respondent related to other projects and did not confer any right of ownership or entitlement to the unit. The respondent failed to provide sufficient information regarding his household's circumstances, income, or vulnerability to homelessness. The procedural requirements of the PIE Act were met…

Source excerpt

• Prevention Of Illegal Eviction Act
• Eviction Procedure
• Right To Adequate Housing
• Just And Equitable Test
• Unlawful Occupation
• Section 26 Constitution

Trustees for the Time Being of the P G W Family Trust and Others v N.W and Others (87/2023)

Trustees for the Time Being of the P G W Family Trust and Others v N.W and Others (87/2023) [2024] ZAWCHC 57 (31 January 2024)

Court

Western Cape High Court, Cape Town

Case number

87/2023

Judge

Holderness AJ

The respondents' occupation of the property was at best a personal right (precarium), not a real right of habitatio, and any such right has been lawfully terminated on reasonable notice. The Trust, as owner, is entitled to vindicate its rights and realise the asset for the benefit of its beneficiaries. The respondents, though vulnerable due to age and disability, have no enforceable right to remain. The municipality has undertaken to provide alternative accommodation, and the applicants have made reasonable offers to assist with care and transport. Balancing the rights of the owner and the oc…

Source excerpt

• Prevention Of Illegal Eviction Act
• Right To Adequate Housing
• Just And Equitable Eviction
• Personal Servitude
• Trust Law
• Vulnerable Occupiers

Firstrand Bank Limited v Farisani

Firstrand Bank Limited v Farisani [2023] ZAGPPHC 542; 57108/2019 (7 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

57108/2019

Judge

HJ De Wet

The High Court postponed summary judgment and a Rule 46A execution application, finding the supporting affidavits and property valuation evidence were defective.

• Rule 46a Executable Property
• Summary Judgment
• Commissioning Of Affidavits
• Reserve Price
• Right To Adequate Housing
• Rule-46a

Investec Bank Limited v Litha (2021/11116)

Investec Bank Limited v Litha (2021/11116) [2023] ZAGPJHC 487 (16 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/11116

Judge

R Strydom

High Court judgment granting mortgage enforcement and special execution over a primary residence, with a reserve price and a three-month stay.

• Mortgage Foreclosure
• Rule 46a Procedure
• Right To Adequate Housing
• Judicial Oversight
• Setting Of Reserve Price
• National Credit Act Compliance