South Africa Case Law

Khoza and Others v Vosloo and Others (2025/003669)

Khoza and Others v Vosloo and Others (2025/003669) [2025] ZAGPJHC 468 (8 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/003669

Judge

AP Joubert

The court found that the applicants failed to establish a prima facie right to interim restoration of possession pending rescission. The eviction order was not granted in default, as applicants had filed answering affidavits and were represented, but failed to appear at the hearing without explanation. The applicants' inaction and repeated failure to provide personal and financial circumstances, despite multiple opportunities and directives, undermined their case and prospects of rescission. The absence of a municipal report did not render the eviction order procedurally irregular or unjust,…

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• Eviction Proceedings
• Interim Interdict
• Rescission Of Judgment
• Municipal Obligations
• Section 26 Rights
• Condonation

Ahmed v Zungu and All Unlawful Occupants and Another (2020/20443)

Ahmed v Zungu and All Unlawful Occupants and Another (2020/20443) [2023] ZAGPJHC 1303 (15 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2020/20443

Judge

K Hopkins

The applicant established ownership of the property and compliance with the procedural requirements of PIE. The unlawful occupiers were given ample opportunity to disclose personal circumstances that might mitigate against eviction but failed to do so. The municipality, acting under a prior court order, attempted to investigate the occupiers' circumstances but was repeatedly obstructed by the occupiers and their attorney, resulting in an incomplete report. The court found that, in the absence of relevant information from the occupiers and given their refusal to cooperate, there were no circum…

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• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Just And Equitable Eviction
• Municipal Obligations
• Section 26 Rights

Makhunzi v Hlazo NO and Others (8797/2018)

Makhunzi v Hlazo NO and Others (8797/2018) [2023] ZAGPJHC 479 (15 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

8797/2018

Judge

Gilbert

The court found there was insufficient evidence that the applicant was given unequivocal and effective notice to attend court on 15 November 2018, and thus could not be said to be in wilful default or to have elected to absent herself. The court further found no evidence that the necessary enquiry required by PIE was conducted before the eviction order was granted. These deficiencies constituted a bona fide defence with prospects of success under common law and justified rescission under Rule 42(1)(a). Although the applicant delayed in bringing the rescission application, her explanation was…

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• Eviction Proceedings
• Rescission Of Judgment
• Wilful Default
• Just And Equitable Test
• Section 26 Rights
• Notice Requirements

Grobler v Phillips and Others (CCT 243/21)

Grobler v Phillips and Others (CCT 243/21) [2022] ZACC 32; 2023 (1) SA 321 (CC); 2024 (1) BCLR 115 (CC) (20 September 2022)

Court

Constitutional Court

Case number

CCT 243/21

Judges

Kollapen, Madlanga, Majiedt, Mathopo, Mhlantla, Mlambo, Theron, Tshiqi, Unterhalter

Constitutional Court eviction case under PIE, holding that the occupier’s preferences were not decisive and ordering suitable alternative accommodation.

• Prevention Of Illegal Eviction Act
• Eviction Proceedings
• Just And Equitable Remedy
• Right Of Habitatio
• Alternative Accommodation
• Section 26 Rights

Koetsioe and Others v Minister of Defence and Military Veterans and Others (12096/2021)

Koetsioe and Others v Minister of Defence and Military Veterans and Others (12096/2021) [2021] ZAGPPHC 203 (6 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

12096/2021

Judge

N Davis

The High Court held that military demolition of homes near Marievale without a court order was unlawful, and issued interdicts but postponed damages to Part B.

• Eviction Without Court Order
• Section 26 Rights
• Spoliation
• State Brutality
• Urgent Interdict
• Mediation Rule 41a

Masoga and Others v Sweetnam and Another (A263/2018)

Masoga and Others v Sweetnam and Another (A263/2018) [2019] ZAGPPHC 184 (21 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

A263/2018

Judges

AC Basson, B Rangata

High Court appeal in an eviction matter upheld because the magistrate failed to consider alternative accommodation under PIE; matter remitted and municipality ordered to report.

• Eviction Proceedings
• Prevention Of Illegal Eviction Act
• Just And Equitable Test
• Alternative Accommodation
• Municipal Duties
• Section 26 Rights

Mngomezulu v eThekwini Metropolitan Municipality and Another (12503/2014)

Mngomezulu v eThekwini Metropolitan Municipality and Another (12503/2014) [2017] ZAKZDHC 31 (30 August 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

12503/2014

Judge

D Pillay

The court found that the plaintiff failed to prove he had a shack at the relevant location in Cato Crest, and his evidence was unreliable and uncorroborated. Consequently, his claims for damages for demolition and unlawful assault were dismissed. The March order, relied upon by Ethekwini, was a nullity as it was obtained without notice to the occupiers and was overtaken by subsequent court orders interdicting demolitions and evictions. Ethekwini failed in its constitutional duty to engage meaningfully with the occupiers. Regarding the claim for unlawful arrest and detention, the SAPS failed t…

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• Unlawful Eviction
• Demolition Of Informal Structures
• Meaningful Engagement
• Unlawful Arrest And Detention
• Section 26 Rights
• Municipal Liability