PIE Act 1998 Archives

Prohibitory occupation interdict: Appeal allowed

by GilesFiles | Apr 14, 2023 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutory, Topics | 0 |

Moshe v Minister of Agriculture, Land Reform and Rural Development When will a prohibitory occupation interdict be granted concerning alleged unlawful invasion and occupation of land? “[11] In essence the basis of the...

Eviction requirements restated: PIE evidential burden

by GilesFiles | Jan 10, 2023 | 2020 onwards, 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Dignity equality freedom, Eviction/ejectment, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Parties, Refused, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |

Madulammoho HA NPC vs N What are the legal requirements that need to be met before an eviction order can be granted by a court? “8 The principles of justice and equity are, first, that the applicant for an eviction order...

Just and equitable eviction: Community scheme

by GilesFiles | Sep 27, 2022 | 2020 onwards, Applications, Associations/corporates, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Eviction/ejectment, Evidence & onus, High Court, High Court judges, Judges, Jurisdiction & powers, Just and equitable, Legal Practice, Legislation, Orders, Parties, Private enterprises, Sectors, Statutory, Topics | 0 |

De Wet NO v G (Grove Body Corporate) In what circumstances will it be just and equitable to grant an eviction order from a unit in a sectional title community scheme and what notice has to be given? “[8]. This defence is...

Occupation and eviction rights: Balancing interests

by GilesFiles | Sep 20, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Eviction/ejectment, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics, ZLL Tshiqi | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Land occupation issues: ESTA and PIE distinguished

by GilesFiles | Apr 29, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Hearsay, Interpretation etc, Judges, Landmark judgments, leave to appeal, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics | 0 |

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? “[24] Consistent with the basic common law...

Unlawful occupation considered: Just and equitable remedy

by GilesFiles | Jul 14, 2021 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Bill of Rights, Courts, Evidence & onus, Judges, Legal Practice, Orders, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Grobler v Phillips Unlawful occupation considered by SCA and pointed out that during the greater part of occupation the property formed part of a farm but gradually the farm became absorbed by the growth of urban developments...

Free expression examined: No absolute constitutional rights

by GilesFiles | Nov 27, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Central, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Sectors, Topics | 0 |

Economic Freedom Fighters v Minister of Justice and Correctional Services Constitutional Court examined free expression and emphasised that a less restrictive means of proscribing constitutionally objectionable incitement is the...

Occupier defined explained: Clash – ESTA and PIE

by GilesFiles | Aug 4, 2020 | 2020 onwards, A G Binns-Ward, Allowed, Appeals, Applications, Causes and defences, Courts, Eviction/ejectment, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Private enterprises, Sectors, Statutory, Topics, Trustees | 0 |

Droomer NO v Snyders Full bench considered the jurisdictional issues and the possible conflict and overlapping caused by the provisions of the PIE Act and ESTA and respondents only qualified as ‘occupiers’ if their occupation...

Life-right confirmed: Eviction order overturned

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Bill of Rights, Courts, Dignity equality freedom, Eviction/ejectment, High Court, High Court judges, Judges, Legal Practice, LRA 1995, Orders, Parties, Private enterprises, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Right of habitation: Eviction of unlawful occupier

by GilesFiles | Nov 25, 2015 | 2015, Applications, Causes and defences, Community schemes, Courts, Eviction/ejectment, Judges, Legal Practice, Orders, SA Majiedt, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal | 0 |

A Hendricks v M Hendricks (20519/14) [2015] ZASCA 165 (25 November 2015) per Majiedt JA (Mhlantla, Leach, Tshiqi and Saldulker JJA concurring): The Supreme Court of Appeal allowed the appeal and remitted the case to the Somerset...

Eviction: farmer and unlawful occupiers

by GilesFiles | Dec 12, 2014 | 2014 and earlier, 2015 and earlier, Agriculture, Applications, Bill of Rights, Causes and defences, Courts, Eviction/ejectment, High Court, High Court judges, Interpretation etc, Judges, Labour Relations, Landmark judgments, Legal Practice, Legislation, LRA 1995, MJD Wallis, Orders, Resolving disputes (LRL 3), SCA judges, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Applethwaite Farm (Pty) Ltd v Tshongweni and Another (12299/2014) [2014] ZAWCHC 193 (12 December 2014) The Cape High Court was not persuaded that there were any relevant circumstances militating against an eviction and that it...

Tag: PIE Act 1998