- The applicant has lived in the property for almost 40 years, paying instalments and municipal charges while claiming ownership.
- The court finds legal claims under acquisitive prescription and estoppel weak but grants an interim interdict to prevent irreparable harm.
- Transfer to the deceased owner’s heirs is delayed until a full review of the applicant’s rights.
For nearly four decades, Riedwaan Williams has lived in a modest home in Tafelsig, Mitchells Plain, where he has raised his family and paid for municipal services as if they were his own.
Now 68, Williams faces the threat of losing the home he has maintained and improved. The City of Cape Town planned to transfer the property to the executor of the estate of the original owner, Faldela Lewis, who died in 2021.
Williams approached the Western Cape High Court seeking an urgent order to stop the transfer. He argued that eviction would erase his decades of personal investment, effort, and attachment.
“If the property goes to the deceased’s estate, I may lose everything I spent maintaining and improving the home,” he said.
Balancing law, fairness, and human impact
Acting Judge A Bhoopchand acknowledged that Williams’s legal claims under acquisitive prescription and estoppel were weak. His claim arose from a private deal with Lewis, not directly against the City. The court noted that statutory barriers, including the Prescription (Local Authorities) Ordinance of 1964, prevented him from claiming ownership through prescription. Legally, the City remains the registered owner until all conditions of the delayed sale are met.
However, the court stressed the need for a careful and sensitive approach: “The applicant has occupied the property for almost four decades and has paid the purchase price and municipal service charges during his time there. Denying him ownership now would unjustly benefit the heirs and take away his dignity,” Judge Bhoopchand stated.
The judge recognised that the City had effectively accepted Williams’s long-term occupation by approving improvements and allowing him to live there without interruption.
Judge Bhoopchand also noted that, while the balance may not fully favour the applicant, justice demands temporary protection:
“Justice should not be hurried when rights, even if imperfect, deserve a hearing before being taken away,” the judgment reads, highlighting the court’s concern for fairness and the human impact of immediate eviction.
Preserving the status quo
The court granted an interim interdict preventing the City and the Registrar of Deeds from transferring the property to Lewis’s heirs until Williams’s full claim is resolved. While this interim relief does not grant ownership, it allows Williams to remain in the home he has lived in for decades.
“The risk of irreparable harm is clear. Transfer may end his claim and disrupt his living situation,” Judge Bhoopchand wrote.
The costs of the application will be decided later.
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