Somhlaba and Another v Breede River Municipality (19946/2023)
Somhlaba and Another v Breede River Municipality (19946/2023) [2023] ZAWCHC 339 (13 December 2023)
The court found that the municipality unlawfully dispossessed the applicants from Unit 2[...]5 without a court order, violating the rule of law and constitutional principles prohibiting self-help. Although the applicants established possession and spoliation, restoration of possession was impossible because the unit had already been allocated and transferred to an innocent third party, Ms Bushwana, who was not a party to the proceedings and whose occupation appeared lawful. The court held that spoliation proceedings cannot be used to evict an innocent third party, as this would contravene est…
Source excerpt
- Mandament Van Spolie
- Unlawful Dispossession
- Municipal Housing Policy
- Rule Of Law Violation
- Punitive Costs
- Restoration Of Possession