Knowledge (XXG)

Blue Moonlight Properties v Occupiers of Saratoga Avenue

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62:(PIE) The occupiers made a counter-application for an order compelling the second respondent (the city) to provide a report within two months, stating what steps it would take to provide them with temporary emergency accommodation upon their eviction from the property, and what steps it would take to ensure access to adequate housing thereafter. It was argued that there would be no lawful and affordable alternative accommodation available to the occupiers in the event of their being evicted. 84:, the court held that the question of whether or not it had been appropriate for the occupiers to join the city as a co-respondent could not be entertained, because a court order in which the city was joined had already been granted. That order stood until properly set aside by a court of competent jurisdiction. It did not therefore assist the city to submit that it consented to the joinder on the basis that it would argue the issue later. The objection 95:
The court held further that a municipality is obliged in eviction cases to inform the court of whether or not land had been made available, or could reasonably be made available, for the relocation of the affected unlawful occupiers (as opposed to unlawful occupiers in general). The municipality had
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The courts are obliged, under PIE, to "have regard to all relevant circumstances," and would in most eviction proceedings be unable to comply with this obligation without comprehensive and specific input from the municipality. The court held that in this case the city's report had failed to assist
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The City duly filed a report detailing its programmes and plans in regard to accommodation and land in general. The report was not prepared specifically for the present case and so did not deal specifically with the occupiers of Saratoga Avenue. At the hearing of the matter, the occupiers objected
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Accordingly, the court ordered the city to report within four weeks on the steps it had taken and could in future take to provide emergency shelter or other housing for the occupiers in the event of eviction. The matter was postponed
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to investigate diligently the circumstances of the case and consult with stakeholders where necessary, since the court's hands would be tied without a full and meaningful report from the municipality.
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that the city had been improperly joined to the proceedings. The City consented to the joinder on the basis that it would argue the question of joinder as part of the application against it.
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the court as it should have. The court required specific information in order to deal with the case before it; a generic answer was unacceptable.
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Blue Moonlight Properties 039 (Pty) Ltd v Occupiers of Saratoga Avenue and Another
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Blue Moonlight Properties 039 (Pty) Ltd v Occupiers of Saratoga Avenue and Another
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proceedings against the first respondents (the occupiers) in terms of the
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Prevention of Illegal Eviction from and Unlawful Occupation of Land Act
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Prevention of Illegal Eviction from and Unlawful Occupation of Land Act
179:"Experienced, reserved judge for Pistorius trial" 46:, with judgment handed down on 12 September. 8: 161: 7: 14: 278:South African property case law 273:2008 in South African case law 1: 80:In respect of the objection 299: 116:South African property law 38:Local Division by Judge 16:South African legal case 24:, an important case in 283:Gauteng Division cases 54:The applicant brought 168:2009 (1) SA 470 (W). 183:Mail & Guardian 34:, was heard in the 185:. 18 February 2014 290: 258: 255: 249: 246: 240: 237: 231: 228: 222: 219: 213: 210: 204: 201: 195: 194: 192: 190: 175: 169: 166: 40:Thokozile Masipa 298: 297: 293: 292: 291: 289: 288: 287: 263: 262: 261: 256: 252: 247: 243: 238: 234: 229: 225: 220: 216: 211: 207: 203:Act 19 of 1998. 202: 198: 188: 186: 177: 176: 172: 167: 163: 159: 146: 129: 124: 112: 88:was dismissed. 78: 52: 17: 12: 11: 5: 296: 294: 286: 285: 280: 275: 265: 264: 260: 259: 250: 241: 232: 223: 214: 205: 196: 170: 160: 158: 155: 154: 153: 145: 142: 141: 140: 128: 125: 123: 120: 119: 118: 111: 108: 77: 74: 51: 48: 15: 13: 10: 9: 6: 4: 3: 2: 295: 284: 281: 279: 276: 274: 271: 270: 268: 254: 251: 248:Paras 66, 75. 245: 242: 236: 233: 227: 224: 218: 215: 209: 206: 200: 197: 184: 180: 174: 171: 165: 162: 156: 151: 148: 147: 143: 138: 134: 131: 130: 126: 121: 117: 114: 113: 109: 107: 105: 104: 97: 93: 89: 87: 83: 75: 73: 71: 70: 63: 61: 57: 49: 47: 45: 41: 37: 36:Witwatersrand 33: 30: 27: 26:South African 23: 22: 253: 244: 239:Paras 63-64. 235: 226: 217: 208: 199: 187:. Retrieved 182: 173: 164: 132: 101: 98: 94: 90: 85: 81: 79: 67: 64: 53: 20: 19: 18: 189:25 February 152:19 of 1998. 267:Categories 122:References 42:on 30 May 135:2009 (1) 86:in limine 82:in limine 69:in limine 257:Para 78. 230:Para 52. 144:Statutes 139:470 (W). 110:See also 103:sine die 76:Judgment 56:eviction 29:property 221:Para 4. 157:Notes 127:Cases 50:Facts 191:2014 44:2008 212:s 4 32:law 269:: 181:. 137:SA 106:. 193:.

Index

South African
property
law
Witwatersrand
Thokozile Masipa
2008
eviction
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act
in limine
sine die
South African property law
SA
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act
"Experienced, reserved judge for Pistorius trial"
Categories
2008 in South African case law
South African property case law
Gauteng Division cases

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