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CA NO: 64/06

IN THE HIGH COURT OF SOUTH AFRICA

(BOPHUTHATSWANA PROVINCIAL DIVISION)

In the matter between:

MPHO ANGELA RAMOKGADI

and

FELENG MOLOI

MPHO MOLOI

REVIEW JUDGMENT

HENDRICKS J:

[1] This matter came before me as a Special review. The Respondents applied for an eviction order against the Applicant in the Magistrates Court for the district of Bafokeng held at Tlhabane under case number 2703/05.

[2] The matter initially appeared before Magistrate Raikane who granted the interim order for eviction. Subsequently, and in the absence of Magistrate Raikane, it appeared before Magistrate Mangole who granted the final eviction order. This order also authorised the Sheriff to physically remove the Applicant’s property from the shack she occupied and to dismantle it, which he did.

[3] The Applicant’s attorney of record then filed an application to have the order reviewed. Upon realising his mistake, Magistrate Mangole informed the attorneys acting on behalf of the respective parties, that he will send the matter on Special review. He should be complimented for doing so.

[4] Magistrate Mangole conceded, quite correctly in my view, that the correct procedure in terms of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act, Act 19 of 1998 (P.I.E.) was not properly adhered to before the final eviction order was granted.

[5] Sufficient notice advising the Applicant of the date of eviction and the period within which she could prepare herself for the eviction was not given.

[6] In my view, the provisions of the P.I.E. Act that prescribes the procedure to be followed before a final order of eviction can be granted, is peremptory and should be complied with.

[7] The non-compliance with these provisions renders the eviction order fatally flawed, and it must therefore be set aside.

[8] In the premises, I make the following order:-

The court order in case number 2703/05 Tlhabane granted on the 08^th May 2006 is set aside.

R D HENDRICKS

JUDGE OF THE HIGH COURT

27 JULY 2006

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