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South Africa decisions
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Mofiko v Mthophe and Others (2024/044182) [2025] ZAGPJHC 772 (7 August 2025)
Eviction application dismissed because the respondent’s occupation remained lawful under an extant sale agreement and no lawful termination was shown.
Lesedi Local Municipality v Heidelberg Beer Festival CC (2025/040312) [2025] ZAGPJHC 755 (4 August 2025)
The High Court granted Lesedi Local Municipality urgent relief against an unlawfully occupying tenant, ordering it to stop trading and vacate the premises.
Moalusi and Another v Kondowe and Another (2023/119996) [2025] ZAGPJHC 693 (16 July 2025)
The respondent has no legal entitlement to remain in occupation of the property. The instalment sale agreement was cancelled, and any claims to improvements or compensation were resolved by a settlement agreement in September 2023. The respondent's alleged lien is vague and unsupported by evidence, and is contradicted by the settlement. The applicants have complied with all procedural requirements under the Prevention of Illegal Eviction and Unlawful Occupation Act. The respondent is employed and alternative accommodation is available. The presence of minor children does not create a right to…
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Norvena Property Consortium (Pty) Ltd v Mashamba and Others (2022/018083) [2025] ZAGPJHC 683 (7 July 2025)
The High Court granted an eviction order after finding the applicant had complied with PIE, proved substantial rental arrears, and the respondent had no valid defence.
City of Ekurhuleni Metropolitan Municipality and Others v Nu-Way Housing Development Limited (050803/2022) [2025] ZAGPPHC 691 (27 June 2025)
High Court decision on a late Rule 30 application and exceptions against pleadings in a property and unlawful occupation dispute.
Greater Letaba Municipality v Bopape and Others (7772/2021) [2025] ZALMPPHC 117 (18 June 2025)
The High Court granted Greater Letaba Municipality an eviction order under PIE, dismissed a non-joinder plea, and gave the respondents 30 days to vacate.
University of Cape Town v Villo and Others (2025/037004) [2025] ZAWCHC 262 (13 June 2025)
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…
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Golden Harvest Medical Centre Proprietary Limited v Ntsanu and Others (2024/133489) [2025] ZAGPJHC 528 (27 May 2025)
Urgent eviction under section 5 of PIE was refused because the applicant failed to show that no other effective remedy existed.
Free State Development Corporation v Telgobrite (Pty) Ltd and Others (2342/2024) [2025] ZAFSHC 149 (26 May 2025)
The applicant proved ownership of the property and valid cancellation of both the sale and lease agreements with the first respondent. The first respondent failed to provide evidence of lawful entitlement to occupy or own the property, and did not initiate proceedings to enforce transfer. The lease agreement was breached by non-payment of rent and utilities, and the applicant lawfully terminated the contract. The PIE Act applies to the second respondent and other unlawful occupiers residing on the property, and all procedural requirements under PIE were met. No bona fide dispute of fact was r…
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Mathebula v Moagi and Others (2024-084665) [2025] ZAGPPHC 473 (15 May 2025)
The High Court granted an eviction order after finding the applicant owned the property, the respondents occupied it unlawfully, and PIE requirements were met.
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