South Africa Case Law

University of Cape Town v Villo and Others (2025/037004)

University of Cape Town v Villo and Others (2025/037004) [2025] ZAWCHC 262 (13 June 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/037004

Judge

P. S. Van Zyl

The court found that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) does not apply to student accommodation, as established by the Supreme Court of Appeal in Stay At South Point Properties. Student accommodation is temporary, purpose-specific, and subject to annual rotation, and does not constitute a 'home' for PIE purposes. The respondents had no current right to occupy the residence, as none were allocated placement for the 2025 academic year and most were not registered students. UCT demonstrated ownership and the absence of any enforceable right of occup…

Source excerpt

• Unlawful Occupation
• Student Accommodation
• Prevention Of Illegal Eviction Act
• Right To Education
• Common Law Ejectment
• Higher Education Policy

Andeon Housing Portfolio v Shadung and Others (2024-027467)

Andeon Housing Portfolio v Shadung and Others (2024-027467) [2024] ZAGPJHC 330 (31 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024-027467

Judge

Moorcroft

The High Court granted an urgent interim eviction under PIE against two respondents who had placed students in occupation of the applicant’s property without authority.

• Prevention Of Illegal Eviction Act
• Urgent Eviction
• Student Accommodation
• Interim Interdict
• Joinder And Nonjoinder
• Urgent-eviction

Units on Park Street v WBHO Construction (LM181Feb23)

Units on Park Street v WBHO Construction (LM181Feb23) [2023] ZACT 17 (26 April 2023)

Court

Competition Tribunal

Case number

LM181Feb23

The Competition Tribunal unconditionally approved a large merger involving WBHO Construction’s sale of an undivided share in a student accommodation property business.

• Merger Control
• Property Investment
• Student Accommodation
• Merger-control
• Competition-law
• Property-investment

Tshwane University of Technology v Thondoni Properties and Another (65994/2020)

Tshwane University of Technology v Thondoni Properties and Another (65994/2020) [2021] ZAGPPHC 427 (22 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

65994/2020

Judge

Joubert

The High Court dismissed TUT’s review of an arbitral award, finding no misconduct or gross irregularity and holding that the arbitrator had considered the disputed notice.

• Arbitration Act Review
• Lease Agreement
• Gross Irregularity
• Misconduct Of Arbitrator
• Student Accommodation
• Summary Cancellation

Selemolela and Others v Central Johannesburg College and Others (43831/2019)

Selemolela and Others v Central Johannesburg College and Others (43831/2019) [2019] ZAGPJHC 535; 2020 (2) SA 567 (GJ) (17 December 2019)

Court

South Gauteng High Court, Johannesburg

Case number

43831/2019

Judge

M Mabesele

The applicants' right to occupy the residence was contractually linked to their registration as students for the academic year, which ended on 5 December 2019. Upon completion of the academic programme, their entitlement to accommodation and related subsidies ceased. The applicants admitted their obligation to vacate and sought an extension, which was granted until 10 December 2019. After this period, their possession was no longer lawful or protected. The court found that the applicants were not in peaceful possession at the time of dispossession and that their constitutional rights under se…

Source excerpt

• Spoliation
• Student Accommodation
• Right To Property
• Right To Housing

Urban Impact Properties Limited v Pulse Student Lifestyle (Pty) Ltd (LM099Jun18)

Urban Impact Properties Limited v Pulse Student Lifestyle (Pty) Ltd (LM099Jun18) [2018] ZACT 50 (24 August 2018)

Court

Competition Tribunal

Case number

LM099Jun18

Judges

Yasmin Carrim, Imraan Valodia, Andiswa Ndoni

The Competition Tribunal unconditionally approved Urban Impact Properties’ acquisition of Pulse Student Lifestyle, finding no substantial competition or public interest concerns.

• Merger Control
• Horizontal Overlap
• Market Share Analysis
• Public Interest
• Student Accommodation
• Residential Property Investment

Futuregrowth Asset Management (Pty) Ltd, acting as agent for Old Mutual Life Assurance Company (South Africa) Limited v Citiq Treasury (Pty) Ltd and Another (LM097Jun18)

Futuregrowth Asset Management (Pty) Ltd, acting as agent for Old Mutual Life Assurance Company (South Africa) Limited v Citiq Treasury (Pty) Ltd and Another (LM097Jun18) [2018] ZACT 62 (22 August 2018)

Court

Competition Tribunal

Case number

LM097Jun18

Judges

Andreas Wessels, Andiswa Ndoni, Medi Mokuena

The Competition Tribunal unconditionally approved Futuregrowth’s acquisition of Citiq Treasury and Citiq Property Services, finding no substantial competition or public interest concerns.

• Merger Control
• Horizontal Overlap
• Market Share Analysis
• Public Interest
• Student Accommodation
• Merger-control

Stellenbosch Municipality v Van Wyk and Others (1549/2012)

Stellenbosch Municipality v Van Wyk and Others (1549/2012) [2013] ZAWCHC 18 (8 February 2013)

Court

Western Cape High Court, Cape Town

Case number

1549/2012

Judge

Zondi

The High Court interdicted a Stellenbosch homeowner from running student accommodation on single-residential land without zoning consent.

• Zoning Scheme Regulations
• Land Use Planning Ordinance
• Final Interdict
• Student Accommodation
• Municipal Powers
• Zoning-law