Plaatjies v Eastern Cape Development Corporation

• Jurisdiction: South Africa
• Judge: Plasket J
• Judgment Date: 29 February 2008
• Docket Number: 1088/2007
• Court: Transkei Division
• Hearing Date: 28 February 2008
• Citation: 2008 JDR 0591 (Tk)

Plasket J:

[1] This is the return day of a rule nisi in which the applicant was granted interim relief amounting to an interdict preventing, and to the extent necessary, reversing his eviction from the home he and his family have occupied since mid–2003, pending the finalization of these proceedings. That home is situated at No. 24 Don Thompson Drive, Fort Gale, Mthatha.

[2] The papers are, to put it as mildly as I can, quite unhelpful mainly because the parties appear to be unsure of what the true issues are and also appear to have allowed their mutual belligerence to get the better of the need for thoughtful legal analysis.

[3] The material facts are these. The applicant, who had lived in the property since mid-2003, signed an offer to purchase the property from the first respondent on 23 February 2006. This offer was required to have been accepted within 30 days. It had, in fact, lapsed when the applicant signed it but nothing is made of this by Ms PN Madaza, the first respondent's attorney and the deponent to the answering affidavit on its behalf. She states that, by the first respondent's conduct, it condoned the late acceptance. It is not disputed that the applicant has paid nearly R400 000.00 to the first respondent's conveyancers but that they have not transferred the property to him.

[4] The problem in that respect appears to be that the applicant – certainly as far as the first respondent is concerned – is in arrears in the payment of rent. As a result, Ms Madaza says, the first respondent has instituted various actions against the applicant for the recovery of rent. Case number 1895/07 in the Mthatha Magistrate's Court is the only such case, on either party's version, that is relevant to these proceedings. In it, a default judgment was taken against the applicant for payment of R33 000.00 together with interest. After this prayer, the words 'and compelling them to vacate house No. 24 Don Thompson Drive, Fort Gale, Mthatha' appeared but a line had been drawn

2008 JDR 0591 p3

Plasket J

through these words and the deletion had been signed on the left hand margin. (Ms Madaza claims in her affidavit that her copy of the default judgment does not have these words deleted but – significantly, and inexplicably -- she failed to attach this copy to her affidavit.)

[5] Subsequent to the default judgment being granted a warrant of execution, which bears case number 1895/07 and the signature of Ms Madaza above her firm's name and address...