Category

Eviction law case summaries

Sep 26
0
Rights and Wrongs

Top court finds eviction of woman who has been in house since 1947 is lawful

By | Appeal of an eviction order, ESTA, Eviction news, PIE

Reprinted from Times Live, by Ernest Mabuza – 2022-09-21

The Constitutional Court has ruled the eviction of an 85-year-old woman from a property given to her by a Somerset West businessman is not unlawful.

Clara Phillips has been living in the house since she was 11. She started living on the property in 1947, when the property formed part of a larger farm. She lives in the house with her disabled son.

The property is situated about 500m from Willem Grobler’s home in Somerset West. Grobler bought the property at a public auction because he wanted his elderly parents to reside in it.

The property was registered in Grobler’s name in September 2008 but his wishes to accommodate his parents in it have not yet been realised.

After purchasing the house, Grobler met Phillips on three occasions and told her he required her to vacate the property.

Grobler was prepared to pay towards her relocation or, at his cost, provide alternative accommodation for her. Phillips did not accept Grobler’s proposals, stating she was not prepared to move from the property.

When the eviction proceedings were before the magistrate’s court, Phillips alleged the previous owner had given her a lifelong right of occupation.

The magistrate’s court said the alleged lifelong right of occupation was invalid and unenforceable against Grobler as it was not registered against the title deed. The court granted an order of eviction against Phillips.

Phillips appealed to the full court of the Western Cape High Court.

In that court, not only did Phillips invoke the provisions of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act but also relied on a new and alternative ground of appeal, namely that she was an occupier in terms of the provisions of the Extension of Security of Tenure Act.

The high court upheld her appeal and this led to Grobler appealing to the Supreme Court of Appeal (SCA).

In its judgment last year, the SCA rejected the defence raised by Phillips that she had a right of lifelong habitation and was a lawful occupier. However, it said it was not just and equitable to order an eviction in the matter and dismissed Grobler’s appeal.

In its judgment on Tuesday, the Constitutional Court said an unlawful occupier such as Phillips does not have a right to refuse to be evicted on the basis that she prefers or wishes to remain on the property she is occupying unlawfully.

“The Constitution does not give Mrs Phillips the right to choose exactly where in Somerset West she wants to live,” justice Zukisa Tshiqi wrote in a unanimous judgment.

Tshiqi said the fact that Grobler had repeatedly made offers of alternative accommodation to Phillips should not be taken as creating any obligation to offer alternative accommodation.

Tshiqi said it was an important consideration that an eviction order in these circumstances will not render Phillips homeless.

“The offer advanced by Mr Grobler stands. If it is made an order of court, it will essentially mean Mrs Phillips will only be required to relocate from one home to another in the same immediate community within Somerset West.”

In the order, the court said Grobler is directed to purchase a two-bedroom home in good condition, and it must be within a radius of 5km from where Phillips currently resides. The order said Phillips will have a right to live in that house for the rest of her life.

The court said if Phillips and her son do not take occupation of the dwelling within six months from the date of registration of the dwelling in the name of Grobler, they are directed to vacate the premises. Failing this, the sheriff of the court is directed to evict them from the premises.

For further information

Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers, now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you have questions about your right of occupation or if you need advice on the eviction process.

Further reading:

Sep 13
0
Evicted Homeless People Hope to Overturn City of Cape Town Decision

Evicted Homeless People Hope to Overturn City of Cape Town Decision

By | Appeal of an eviction order, Eviction news, Homeless

Reprinted from EWN, by Kaylynn Palm – 2021-09-09

The Western Cape High Court heard arguments in the occupiers’ urgent court application on Friday, almost two weeks after city ordered the dismantling and confiscation of the tents and other informal structures.

CAPE TOWN: Homeless people who set up tents near the Green Point Tennis Club are hoping for a positive outcome in court after they were forcibly removed.

Activist group Ndifuna Ukwazi is fighting on their behalf and has taken the City of Cape Town to court over the evictions.

The Western Cape High Court heard arguments in the occupiers’ urgent court application on Friday, almost two weeks after city ordered the dismantling and confiscation of the tents and other informal structures.

Sitting outside her tent catching the morning sun next to the tennis courts, Jamie Lee Paulse on Wednesday said living at this site was peaceful until law enforcement moved in.

Now, they are on constant alert especially when marked official vehicles are parked opposite their tents.

She explained what happened recently when the cops moved in: “They took everyone’s stuff, I was fighting with them to get my tent back.”

The City of Cape Town maintains it acted within the law and that alternative accommodation has been offered.

But Paulse said she was not going to a shelter because after some time, they are expected to pay for a bed and questions where the money will come from.

“We don’t have work, where will we get R50 everyday? You must pay there.”

Attorney at Ndifuna Ukwazi, Jonty Cogger, explains why they’re challenging the city.

“They used a very obscure provisions of the street bylaw, which said that they are blocking pedestrian traffic to legitimise an illegal eviction.”

Judgment has been reserved.

For further information

Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers, now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need advice on the eviction process or if you are facing unlawful eviction.

Further reading:

City of Cape Town accused of taking homeless people’s belongings

Jul 23
0

Black emerging farmers evicted from state-owned farms in North West

By | Eviction news, Eviction notice, Eviction orders, Evictions, Farm evictions
A judge has given black emerging farmers in some parts of North West two weeks to remove their livestock from the farms and that they should be evicted if they failed to leave. File Picture: Sandile Ndlovu
A judge has given black emerging farmers in some parts of North West two weeks to remove their livestock from the farms and that they should be evicted if they failed to leave. File Picture: Sandile Ndlovu

Johannesburg – A judge has ordered the forceful removal of a group of emerging black farmers who occupied several state-owned farms in parts of North West.

The Ministry of Agriculture, Land Reform and Rural Development bought the farms from white farmers in 2019 for redistribution purposes.

A number of farmers occupied them within months after the government paid out millions of rand to the previous owners. These were largely livestock farmers.

The ministry led by Thoko Didiza took a group of 21 farmers to the North West High Court in a bid to evict them from the farms intended for redistribution to successful black applicants.

Judge Samkelo Gura found that the farmers had occupied the farms without permission.

The farmers testified that they occupied the farms with permission from the previous farm owners and officials of the department.

Judge Gura found otherwise: “Almost all previous owners of these farms have filed confirmatory affidavits to the (ministry’s) replying affidavit. They deny that they ever gave any of the respondents permission to occupy or to graze their livestock on the land,” he wrote in the judgment.

“Therefore, the respondents were dishonest to (the) court…”

Judge Gura heard from the farmers that they decided to move their livestock on to the farms after many unfulfilled promises by officials over many years.

The judge described the group as emerging farmers from villages spread throughout North West.

Parts of the judgment read as though Judge Gura was sympathetic to the group’s difficulties in getting the government to allocate them farms.

“The experience of the opposing respondents tell of gross irregularities in the manner the applicant has gone about allocating land,” he said.

“A significant number of the farms in and surrounding the villages where the opposing respondents reside are still operated by white farmers.

“Many of the opposing respondents have made numerous unsuccessful applications for agricultural land allocation. They do not know the reasons for their applications not being successful.”

However, it boiled down to whether the farmers occupied the farms legally and at no disadvantage to those whose applications were approved. Judge Gura said the government intended to lease the farms to black farmers after a rigorous selection process.

“The respondents admit that none of them holds any lease agreement with the government over these farms,” he said.

“They are therefore grazing their livestock and utilising the land for their benefit free of charge. They refuse to vacate the properties.”

He gave the farmers two weeks to remove their livestock from the farms. They should be evicted if they failed to leave.

Reprinted from IOL

Some links added by SD Law

For further information

Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers, now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our eviction attorneys on 086 099 5146 or simon@sdlaw.co.za if you need advice on the eviction process or if you are facing unlawful eviction.

Further Reading: