South Africa Case Law

Telkom SA (Soc) Ltd v Moeletsi and Others (40530/2023)

Telkom SA (Soc) Ltd v Moeletsi and Others (40530/2023) [2023] ZAGPJHC 590 (30 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

40530/2023

Judge

S D J Wilson

The applicant failed to establish the jurisdictional requirements for an urgent interim eviction order under section 5 of PIE. While there is a general risk associated with dolomitic ground and sinkhole formation, the expert report did not support the conclusion that the entire property required immediate evacuation or that eviction would enhance the safety of the residents. The facts did not demonstrate an imminent danger to persons or property necessitating eviction, nor did they show that the hardship to Telkom outweighed the likely hardship to the residents, who faced homelessness. Furthe…

Source excerpt

• Prevention Of Illegal Eviction Act
• Urgent Interim Eviction
• Balance Of Hardship
• Dolomite Instability
• Homelessness Risk

Sanniegraan CC v Unlawful Occupiers of Portion 50 (A Portion of Portion 24) of the Farm Korannafontein 350, Registration Division I.O North West Province and Another (M216/15)

Sanniegraan CC v Unlawful Occupiers of Portion 50 (A Portion of Portion 24) of the Farm Korannafontein 350, Registration Division I.O North West Province and Another (M216/15) [2015] ZANWHC 56 (27 July 2015)

Court

North West High Court, Mafikeng

Case number

M216/15

Judge

A A Landman

The High Court granted an interim eviction order under PIE against unlawful occupiers of farmland near Ottosdal, finding the occupation organized and unlawful.

• Prevention Of Illegal Eviction Act
• Urgent Interim Eviction
• Service Of Process
• Just And Equitable Eviction
• Municipal Land Invasion
• Prevention-of-illegal-eviction