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[2007] ZAEQC 5
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Gerber v Dunmarsh Investments Pty Ltd and Another (69/2007) [2007] ZAEQC 5 (14 November 2007)
IN
THE EQUALITY COURT
HELD
AT DURBAN MAGISTRATES COURT
CASE
NO: 69/2007
DATE:14/11/2007
IN
THE MATTER BETWEEN
BRONWYN
ELLEN
GERBER
.................................................................................
APPLICANT
AND
DUNMARSH
INVESTMENTS PTY
LTD
.......................................................
1st
RESPONDENT
S
T
EVENWEL
.............................................................................................
2nd
RESPONDENT
ORDER
OF COURT
1.
The
respondents acknowledge and accept that denying the applicant the
opportunity to lease a flat in the residential building known
as
Dunmarsh building controlled by them, was unconstitutional and
therefore unlawful. The respondent's unequivocally apologize
for
their conduct.
2.
The
respondents will pay the applicant the sum of ten thousand rand by
way of compensation. The amount of ten thousand rand will
be paid as
follows:
(a)
An initial payment of five thousand rand will be made by or before
the end of November 2007.
(b)
Five monthly installments of one thousand rand will be made by or
before the last working day of each month therafter.
3.
Clause
21 of the lease agreement, which reads as follows:
"
the LESSEE acknowledges that he knows and understands that the
premises can be let for occupation by members of the WHITE
GROUP only
and he herby declares that he is a member of that GROUP in terms of
ACT NO. 36 OF 1966, as amended."
(a)
Is unlawful, unconstitutional and unenforceable.
(b)
Will be deemed to be deleted from ail lease agreements currently
existing
4.
A
notice to the following effect will be prominently and publicly
displayed on the premises of Dunmarsh Building and sent to every
individual tenant.
"Clause
21 of the lease agreement is unlawful, unconstitutional and
unenforceable. This clause is inconsistent with the spirit
and letter
of the Constitution of the Republic of south Africa Act 108 of 1996,
and with the provisions of the Promotion and Prevention
of Unfair
Discrimination Act 4 of 2000, and as a consequence will be deemed to
be deleted from all lease agreements."
5.
Each
party to pay its own costs.
Dated
at Durban this 14 day of November 2007.