SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document
in compliance with the law and SAFLII Policy
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NUMBER: 21/40484
In the matter between:
K2012150042 (SOUTH AFRICA) (PTY) LTD Applicant
(Registration No.: 2012/150042/07)
and UNKNOWN UNLAWFUL OCCUPIERS OF
ERF 7[…], E[…] TOWNSHIP First Respondent
CITY OF JOHANNESBURG METROPOLITAN
MUNICIPALITY Second Respondent
This judgment was handed down electronically by circulation to the parties' and/or
the parties' representatives by email and by being uploaded onto CaseLines. The
date and time for hand- down is deemed to be 19 March 2025.
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED.
…………..………….............
Name: L PUTTER Date: 19 March 2025
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JUDGMENT
PUTTER AJ :
Having considered the – (a) third supplementary affidavit filed on behalf of the applicant;
(b) supplementary report from the second respondent (" CoJ") in respect of
temporary emergency accommodation for the unlawful occupiers ; and
(c) different heads of argument filed on behalf of the applicant and the first
respondent (who is also referred to as the "Unlawful Occupiers"); and
(d) various conflicting draft orders exchanged on 21 November 2024 and filed
by the applicant , CoJ and by the Unlawful Occupiers ;
I make the following Order:
1. The Applicant is granted leave to supplement its papers by way of its
supplementary affidavits dated 28 February 2024 and 14 November 2024.
2. The Second Respondent is granted leave to deliver its second
supplementary report, dated 15 November 2024.
3. All the unlawful occupiers are to vacate the property described as ERF 7 […],
E[…] TOWNSHIP, REGISTRATION DIVISION I.R., THE PROVINCE OF
GAUTENG, MEASURING 7.7780 HECTARES, HELD BY DEED OF TRANSFER
NO. T […], with the street address being H […] Road, C […] D[…], Johannesburg
(“the property”).
4. The unlawful occupiers are directed to vacate the property by no later than
30 April 2025.
5. The buildings and/or structures on the property occupied by the unlawful
occupiers are to be demolished and/or removed on or after 30 April 2025.
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6. In the event that the unlawful occupiers fail to comply with paragraphs 4 and
5 above, the Sheriff of the Court, with the assistance of the South African Police
Services, if necessary, is to carry out the order for eviction, demolition and/or removal referred to in paragraphs 4 and 5 above, commencing on 1 May 2025.
7. The Second Respondent is directed to provide Temporary Emergency
Accommodation ("TEA") in respect of those unlawful occupiers whom the Second
Respondent has identified as qualifying for such accommodation, provided that
these persons are still resident at the property and have not voluntarily vacated it, by
no later than 29 April 2025.
8. Having provided monthly reports relating to temporary accommodation, t he
Second Respondent must deliver on or before the last business day of each month,
from 29 April 2025, updated monthly reports containing comprehensive information
supported by substantiating documents setting out:
8.1 The current availability of alternative and/or TEA for the unlawful
occupiers who shall require emergency and/or alternative accommodation in
the event of their eviction from the property;
8.2 The information the Second Respondent has on the unlawful
occupiers including:
8.2.1 the dates on which the relevant unlawful occupier came to
live on the property;
8.2.2 the details of the informal dwellings that unlawful occupiers
occupy on the property;
8.2.3 its assessment of the personal circumstances of such
further persons identified therein who were not identified in previous
temporary emergency accommodation reports, and whether such further
persons will require emergency and/or alternative accommodation in the event of their eviction from the property.
8.3 The steps that the Second Respondent has taken and what steps it
proposes to take to address the risk of homelessness for the unlawful occupiers in the event of their eviction including:
8.3.1 the timing of when temporary emergency accommodation
may be made available and the nature and the location of the temporary
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emergency accommodation to be provided;
8.3.2 the reasons why those steps are considered by the Second
Respondent to be reasonably appropriate in the circumstances,
particularly in view of the Second Respondent’s financial and other constraints;
and
8.3.3 the steps that the Second Respondent has taken to engage
with the unlawful occupiers to address the risk of homelessness in the event
of their eviction.
9. The obligation to deliver the monthly reports shall cease once the Second
Respondent has provided temporary emergency accommodation in respect of those unlawful occupiers whom the Second Respondent has identified as qualifying for such accommodation.
10. The Applicant is directed to maintain security personnel at the property until
29 April 2025.
11. The Applicant and the Respondents are directed to meaningfully collaborate
to ensure that access to the property is effectively monitored and regulated, with the aim of preventing any further persons from occupying the property and/or erecting any dwellings.
12. Each party is to pay its own costs .
BY ORDER ,
REGISTRAR
L PUTTER
Acting Judge of the High Court
Gauteng Division, Johannesburg
Heard: 22 November 2024
Judgment: 19 March 202 5
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Appearances :
For Applicant: Adv P Carstensen SC
Adv V Vergano
Instructed by: Le Roux Vivier Attorneys
E-mail: fraser@mlv.co.za
For First Respondent: E- mail Innercityfederation@gmail.com
For Second Respondent : E-mail legal@garnetinc.co.za