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
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

 
/World

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

Up to 40% off fashion accessories

Save up to 40% on selected handbags, purses, watches, jewellery and more. Offer valid while stocks last. Shop now!

Save up to R2000 on top electronics

Get every day mind bowing savings on top electronics. Offer valid while stocks last. Shop now!

As seen on TV - New book releases at only R199 each

Get mind blowing book savings on new titles. Offer valid while stocks last. Shop now!

Save up to 50% on Women’s month treats!

Celebrate the awesome women in your life with awesome treats like beauty products, fashion accessories, bestselling books, electronics and more. Offer valid while stocks last. Shop now!

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. 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

Horoscopes
Aquarius
Aquarius

There is an emphasis on work. There may be some restrictions, or delays or extra responsibilities. It is all about rhythm and...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.