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South Africa decisions
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Ntakwana v Ntakwana and Others (67238/18) [2024] ZAGPPHC 98 (15 February 2024)
The High Court granted eviction of unlawful occupiers and dismissed a counter-application for ownership, holding that the respondent lacked a valid transfer of title.
JC Administrative Services (Pty) Ltd and Others v Sekheleli and Others (2023/006391) [2023] ZAGPJHC 1064 (22 September 2023)
Leave to appeal was dismissed in an urgent interdict matter involving access to and administration of a Johannesburg building.
Hlatswayo v Ndlovu and Another (39747/19) [2023] ZAGPJHC 21 (14 January 2023)
The applicant has proven ownership of the property by title deed, and the first respondent's claim to ownership fails due to non-compliance with statutory formalities, rendering the purported sale void. However, the court cannot grant an eviction order without considering whether it is just and equitable, particularly in light of the risk of homelessness and the absence of a municipal report addressing the first respondent's circumstances. The PIE Act and constitutional principles require the court to ensure that vulnerable persons are not rendered homeless without provision for alternative a…
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Michael v Govender Family Trust (AR571/19) [2020] ZAKZPHC 73 (27 November 2020)
The magistrate erred by failing to conduct an enquiry into whether it was just and equitable to evict the appellant and those occupying through him, as required by PIE and constitutional principles. The appellant's longstanding occupation and lack of alternative accommodation were not properly considered. The respondent established legal title, but the appellant's defence based on alleged fraud was not pursued through appropriate legal channels. The court must ensure that eviction orders are only granted after considering all relevant circumstances, including the impact on occupiers and the a…
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Senne v Munzhedzi and Others (28227/2011) [2013] ZAGPJHC 235 (31 July 2013)
The applicant has established ownership of the property by virtue of a registered title deed and has complied with the procedural requirements of section 4 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. The respondents' occupation is unlawful, and their reliance on prior purchase and the Housing Act does not constitute a valid defence, as the sale and transfer to the applicant remain effective until set aside by judicial review. The respondents have failed to disclose any circumstances that would render eviction unjust or inequitable. The applicant is entitled…
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