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Land And Property [2025] ZAWCHC 264

Communicare NPC v Matunzi and Others (Appeal) (A285/2024)

Communicare NPC v Matunzi and Others (Appeal) (A285/2024) [2025] ZAWCHC 264 (23 June 2025)

The appeal succeeded because the magistrate erred in finding that the property was social housing stock subject to the Social Housing Act and SHRA oversight. The evidence established that the property was privately owned and unsubsidised, and thus outside the regulatory ambit of the SHRA. The magistrate's reliance on the title deed as proof of public funding was misplaced, and neither the respondents nor the SHRA witnesses provided evidence that the property was institutionally subsidised. The magistrate further erred by extending the SHRA's mandate to private stock and by upholding points in…

  • Eviction Under Pie Act
  • Social Housing Act Interpretation
  • Points In Limine
  • Regulatory Jurisdiction
  • Due Process In Eviction
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.