South Africa Case Law

National Department of Public Works v Fani and 77 Others [Collectively referred to as Residents of Farm Greydel (Airport Park] and Another (090/2021)

National Department of Public Works v Fani and 77 Others [Collectively referred to as Residents of Farm Greydel (Airport Park] and Another (090/2021) [2024] ZASCA 43 (8 April 2024)

Court

Supreme Court of Appeal

Case number

090/2021

Judges

Schippers, Goosen, Kgoele, Baartman, Bloem

The Supreme Court of Appeal refused condonation for a lapsed appeal after a long, poorly explained delay in filing the record and heads of argument.

• Condonation
• Late Filing Of Record
• Unlawful Demolition
• Eviction Proceedings
• Prevention Of Illegal Eviction Act
• Lapsed-appeal

Khumalo and Others v Botha and Others (LCC 161/2020)

Khumalo and Others v Botha and Others (LCC 161/2020) [2021] ZALCC 3 (25 March 2021)

Court

Land Claims Court

Case number

LCC 161/2020

Judge

T M Ncube

The court held that the eviction, house demolition, cattle impoundment, and deprivation of land use on Dunbar farm were unlawful under ESTA.

• Extension Of Security Of Tenure Act
• Unlawful Eviction
• Right To Family Life
• Constructive Eviction
• Unlawful Demolition
• Impoundment Of Livestock

Mpaka and Others v KSD Local Municipality and Another (3627/2015)

Mpaka and Others v KSD Local Municipality and Another (3627/2015) [2017] ZAECMHC 24 (11 July 2017)

Court

Eastern Cape High Court, Mthatha

Case number

3627/2015

Judge

SM Mbenenge

The court found that the order of 17 November 2011 did not apply to the applicants, as they were neither named nor properly identified as respondents. The procedure adopted by the Department in executing the demolition without a fresh court order violated section 26(3) of the Constitution, which requires judicial oversight before eviction or demolition. The letter from the Department to the Municipality did not constitute an unlawful delegation of power, but merely a request for assistance. The demolished structures were incomplete and unoccupied, making damages a more appropriate remedy than…

Source excerpt

• Eviction Without Court Order
• Section 26 3 Constitution
• Identification Of Parties
• Unlawful Demolition
• Costs Award