The Western Cape High Court considered an eviction application about a house in Ruyterwacht occupied by the respondents for more than twenty years. The court recorded that the lease had been validly terminated on notice, but held that eviction was not just and equitable on the evidence before it and dismissed the application.
This may be relevant to eviction matters under PIE and to disputes involving long-standing occupation, municipal housing reports, and terminated residential leases.
Evidence from source
Summary: Eviction under s 4 of PIE - purchaser substituted as lessor by huur gaat voor koop - periodic lease validly terminated on two clear calendar months' written notice
Supports: Supports the statement that the lease was validly terminated on notice and that the matter concerned eviction under PIE.
The applicant has therefore not shown that it is at this moment just and equitable to proceed with the eviction. The proper course is to dismiss the application
Supports: Supports the statement that the court held eviction was not just and equitable and dismissed the application.
The W[...] family have lived in and paid for this house for more than twenty years.
Supports: Supports the statement that the respondents occupied the property for more than twenty years.