ConCourt to hear eviction case

2014-02-20 07:03
(Shutterstock)

(Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

  • Cape Town
    The story told in these pages is both immensely readable and endlessly interesting, and is sure to... Now R399.00
    buy now

Johannesburg - The Constitutional Court will hear an application on Thursday for leave to appeal against an eviction order.

Johanna Malan, 75, is seeking to challenge a Western Cape High Court judgment which ordered she be evicted from her home on condition the City of Cape Town provide her with alternative accommodation.

Malan entered into a lease agreement with the city in 1979 for subsidised housing, which the government provided to low-income people or families.

Malan suffers from ill health and her sole source of income is her pension.

In 2008, she fell behind on her rent payments and approached the city to pay the arrears in instalments.

In October that year, the city sent her a letter informing her it intended to cancel the lease with effect from December.

In January 2009, the city sent another letter confirming cancellation of the lease and its intention to evict her.

The matter was taken to the high court where the city argued Malan had breached the agreement in several respects. It said she was in arrears with payments, had allowed illegal activity to take place on the property and made structural alterations to the property without consent from the city.

The high court ruled against Malan and ordered her eviction in terms of section four of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act. This was on condition the city provide her with alternative accommodation.

Malan turned to the Supreme Court of Appeal which denied her application for leave to appeal.

Malan is challenging the high court decision in the Constitutional Court on various grounds including that the cancellation of the lease was invalid and it violated her constitutional rights to equality, dignity and housing.

She will also argue the high court erred by evicting her on the basis of incorrect provisions of the act and by admitting hearsay evidence on the alleged illegal activity on the premises.

The city will continue to argue that Malan did breach the lease agreement and that she was given adequate opportunity to rectify her breach.

The city will also argue it undertook to place Malan in an old-aged home and fulfilled the requirements of the act.

- SAPA

Read more on:    cape town
NEXT ON NEWS24X

EFF sees red over Hitler

2014-07-23 22:28

SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
3 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 
Traffic
Lottery
 
  • Wednesday Gordons Bay - 18:30 PM
    Road name: R44 Faure Marine Drive Both Ways
    ROAD CLOSED at Suikerbossie Drive due to roadworks until 5am - traffic diverted - expect delays
  • Wednesday Kuils River - 18:01 PM
    Road name: Polkadraai Road Eastbound
    ROADWORKS between the R102 Van Riebeeck Road and the R310 Baden Powell Drive exit - expect delays
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

2 TV Series for R250

Get 2 TV Series box sets for R250 and save up to R148! Offer valid while stocks last. Shop now!

Pre-order the Xbox One

Get this all-in-one entertainment system with live TV, movies, social networking and gaming. Pre-order now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

Mind blowing deals on electronics!

Save up to 35% on electronics. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Huawei B683 21Mbps 3G Wireless Router

Huawei B683 21Mbps 3G Wireless Router The B683 wireless gateway (hereinafter...

From R1799.99

I'm shopping for:

Horoscopes
Aquarius
Aquarius

Your heart is big and you are sensitive to the needs of those around you. Your humanitarian side is emphasized today and you may...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.