Badenhorst and Others v City of Ekurhuleni Metropolitan Municipality and Others (eviction order) (00052/2023) [2023] ZAGPJHC 168 (8 March 2023)


 

IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG LOCAL DIVISION, JOHANNESBURG)

Shape1

(1) REPORTABLE: NO

(2) OF INTEREST TO OTHER JUDGES: NO

(3) REVISED.

 

 

SIGNATURE DATE: 8 March 2023

 

 

 

 

 

 

 

 

 

 

Case No. 00052/2023

In the matter between:

 

JEROME BADENHORST First Applicant

 

THE UNLAWFUL OCCUPIERS OF THE IMMOVABLE

PROPERTIES AT PORTION 102, HOLGATFONTEIN 36 Second &

IR NIGEL, also known as MACKENZIEVILLE EXTENSION Further Applicants

 

and

 

CITY OF EKURHULENI METROPOLITAN MUNICIPALITY First Respondent

 

THE SHERIFF OF THE HIGH COURT, NIGEL Second Respondent

 

THE SOUTH AFRICAN POLICE SERVICES, NIGEL Third Respondent

 

CITY OF EKURHULENI METROPOLITAN POLICE

DEPARTMENT Fourth Respondent

 

 
JUDGMENT

 

 

WILSON J:

 

1 Earlier today, I handed down a judgment explaining my reasons for making an order declaring that the first, third and fourth respondents’ execution of an eviction order in the absence of the second respondent, the Sheriff, on 28 February 2023, was unlawful. The judgment was handed down in response to an application for leave to appeal brought by the first respondent, Ekurhuleni Municipality, against that declaratory order, and a request that I provide my reasons for making it.

2 During the course of that judgment, I pointed out, as an aside, that Ekurhuleni Municipality had not applied for leave to appeal against a further order I made, ancillary to the declaratory order, that those of the applicants evicted be restored to possession of the properties from which they were removed.

3 The observation appears to have provoked a further application for leave to appeal against that aspect of the order, for which I have now been asked to provide a second set of reasons.

4 To the extent that Ekurhuleni Municipality’s legal representatives could have been in any doubt, I confirm that my reasons for ordering that the applicants be restored to the properties from which they were evicted are the same as my reasons for declaring the eviction to have been unlawful. As I said in my main judgment, the purported execution of the eviction order was “no more than a spoliation. I treated it as such”.


 


 


 

S D J WILSON

Judge of the High Court

 

HEARD ON: 3 March 2023

 

DECIDED ON: 8 March 2023

 

For the Applicants: D Brown

Instructed by Chris Billings Attorneys

 

For the First Respondent: E Sithole

Instructed by Lebea Inc Attorneys


 


 

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