Ives v Rajah (A205/2011)
Ives v Rajah (A205/2011) [2011] ZAWCHC 390; 2012 (2) SA 167 (WCC) (23 September 2011)
The court held that, although the appellant is disabled and her circumstances are unfortunate, the statutory framework under PIE excludes the requirement for the municipality to provide alternative accommodation where the property is sold in execution pursuant to a mortgage. The rights and needs of disabled persons must be considered, but the appellant failed to proactively engage with the City or provide sufficient evidence of her disability's impact. The City of Cape Town's report and oral evidence confirmed that no accommodation could be provided, and further engagement would not have chan…
Source excerpt
- Prevention Of Illegal Eviction Act
- Eviction Of Unlawful Occupier
- Just And Equitable Eviction
- Municipal Housing Obligations
- Rights Of Disabled Persons
- Constitutional Right To Housing