South Africa Case Law

City of Johannesburg Metropolitan Municipality v K2016498847 (Pty) Ltd (38634/19)

City of Johannesburg Metropolitan Municipality v K2016498847 (Pty) Ltd (38634/19) [2021] ZAGPJHC 460; 2022 (3) SA 497 (GJ) (29 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

38634/19

Judge

S D J Wilson

The High Court dismissed the City’s bid to enforce its land use scheme by interdict, finding the relief would effectively evict occupiers and lacked required joinder.

• Land Use Scheme Enforcement
• Eviction Proceedings
• Section 26 3 Constitution
• Arbitrary Deprivation Of Property
• Joinder Of Occupiers
• Prevention Of Illegal Eviction Act

Mpaka and Others v KSD Local Municipality and Another (3627/2015)

Mpaka and Others v KSD Local Municipality and Another (3627/2015) [2017] ZAECMHC 24 (11 July 2017)

Court

Eastern Cape High Court, Mthatha

Case number

3627/2015

Judge

SM Mbenenge

The court found that the order of 17 November 2011 did not apply to the applicants, as they were neither named nor properly identified as respondents. The procedure adopted by the Department in executing the demolition without a fresh court order violated section 26(3) of the Constitution, which requires judicial oversight before eviction or demolition. The letter from the Department to the Municipality did not constitute an unlawful delegation of power, but merely a request for assistance. The demolished structures were incomplete and unoccupied, making damages a more appropriate remedy than…

Source excerpt

• Eviction Without Court Order
• Section 26 3 Constitution
• Identification Of Parties
• Unlawful Demolition
• Costs Award