Moloko v Sedumedi and Others (48138/17) [2024] ZAGPJHC 1145 (8 November 2024)
Court
South Gauteng High Court, Johannesburg
Case number
48138/17
Judge
Kekana ND
The High Court dismissed an eviction application under PIE, holding that the respondents’ right of occupation had not been lawfully terminated and they were not unlawful occupiers.
Blum N.O. v Seshoka and Others (40777/2014) [2015] ZAGPPHC 265 (4 May 2015)
Court
North Gauteng High Court, Pretoria
Case number
40777/2014
Judge
J W Louw
The respondent failed to prove that she qualifies as an occupier under ESTA, as she did not rebut evidence that she uses the property mainly for commercial purposes and likely earns more than the prescribed income threshold. Her affidavits did not address the applicant's evidence regarding commercial activities or income. Consequently, ESTA does not apply, and the respondent's right to occupy the property was lawfully terminated. The respondent and other occupiers are in unlawful occupation, and the requirements for eviction under PIE have been satisfied.