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2012
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[2012] ZAECELLC 16
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Department of Rural Development and Land Reform v Gernetzky (EL167/12, ECD 467/12) [2012] ZAECELLC 16 (18 September 2012)
IN THE HIGH COURT OF SOUTH AFRICA
(EAST LONDON CIRCUIT LOCAL
DIVISION)
CASE NO.: EL167/12
ECD 467/12
DATE: 26 JUNE 2012
In the matter between:
DEPARTMENT OF RURAL DEVELOPMENT
AND LAND REFORM
..................................................................................
APPLICANT
vs
D GERNETZKY
.......................................................................................
RESPONDENT
EX TEMPORE JUDGMENT
EBRAHIM ADJP:
This is an application for the
eviction of the respondent in terms of the Prevention of Illegal
Eviction from and Unlawful Occupation
of Land Act No. 19 of 1998.
The applicant has placed an affidavit before this Court and obtained
the necessary order to serve
on the respondent prior to moving for
an order for his ejectment from the premises.
The respondent is presently before
Court in person to oppose the granting of the final order of
eviction. From what the respondent
has placed before the Court I am
unable to discern any legal basis upon which he opposes the
application for his eviction from
the property. What the respondent
has placed before me are the emotional circumstances relating to the
consequences that will
flow from his eviction from the property. In
this regard he indicates that he is divorced and has custody of his
children and
his aged parents reside with him at the property and
should they be evicted they would not have anywhere else to stay. In
terms
of the argument he has presented he has simply asked me to
come to his rescue and not to evict him from the premises. As
unfortunate
as the situation is, and as I have indicated previously,
the respondent has not presented any legal basis upon which the
applicants
should not be granted the order they seek.
Mr Gernetzky I appreciate that
the situation you face is dire, that you are going to be evicted,
but unfortunately I do not
sit here as a Court of equity in terms of
which I must decide the matter on the basis of your unfortunate
personal circumstances.
I am compelled to look at the legal position
and on that basis to determine whether the applicant has made out a
proper case
for your eviction or not.
In my view such a case has been made
out by the applicants and I am constrained to grant them the order
they seek. In the circumstances
there will be an order in terms of
the draft Notice as it appears on pages 18 and 19 of the papers.
------------------------------------------------
Y EBRAHIM
ACTING DEPUTY JUDGE PRESIDENT,
BHISHO HIGH COURT