- Judge R Mossop criticised the treatment of elderly parents as expendable, warning against shifting them “like insignificant pawns in a game of chess”.
- The court granted eviction but delayed its enforcement and ordered relocation costs to protect the parents’ dignity and well-being.
- The judgment highlights how the PIE Act evictions must balance ownership rights with compassion for vulnerable, elderly occupiers.
In a judgment marked by unusual candour and moral reflection, the High Court in Durban has cautioned against the way elderly parents are often displaced by family members when they become inconvenient, warning that they are treated “as if they were insignificant pawns in a game of chess”.
Delivering an ex tempore judgment, Judge R Mossop granted an eviction order against two elderly parents but did so with visible discomfort, repeatedly emphasising compassion, dignity, and the human cost of family disputes played out through property law.
“This is a sad reality that elderly members of society who have limited means available to them are often shifted around by those related to them as if they were insignificant pawns in a game of chess,” Judge Mossop said. “Elderly members of society are not inanimate objects that can simply be discarded and moved away out of sight when desired.”
A family loss turns into a legal rupture
The property was jointly owned by the deceased and his wife, who later sought the eviction of her late husband’s parents, citing financial pressure and the need to sell the property. While the parents had paid all utilities throughout their occupation, their continued presence became contested once consent was withdrawn.
Judge Mossop accepted that the parents’ occupation was based purely on generosity rather than any permanent legal right. “Largesse,” he explained, “is a human attribute that cannot be compelled.”
Yet the court was sharply critical of the coldness with which the dispute had unfolded, particularly given that all parties were grieving the same loss. Judge Mossop noted that the parents had lost not only their home but also their son and benefactor, a loss he described as “as big as, if not greater than, the loss that she has suffered.”
Although the court found that the surviving spouse was legally entitled to reclaim exclusive possession, it did not shy away from questioning her bona fides, observing that she had failed to fully disclose her income and ownership of additional rental units in the same complex.
PIE Act applied through a lens of compassion
Because the parents had occupied the property for more than six months, the eviction had to be assessed under Section 4(7) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land (PIE) Act. Applying the two-stage inquiry set out in City of Johannesburg v Changing Tides, the court considered not only whether eviction was justified, but how it should be implemented.
Crucially, Judge Mossop stressed that justice and equity demanded sensitivity to age and vulnerability. “As one gets older, one may still be capable of doing the same things that were done when younger,” he said, “but it may take a little longer.”
The court was satisfied that the parents would not be rendered homeless, relying on a municipal report confirming that their daughter was willing to accommodate them. This finding allowed the eviction to proceed, but not without safeguards.
Eviction granted, but dignity protected
In a significant departure from purely technical eviction orders, the court delayed the eviction until 31 July 2026 and ordered that the costs of relocating the parents be paid by the surviving spouse, provided the new accommodation is within the greater Durban area.
“I have a strong suspicion that their son would not have approved of the eviction,” Judge Mossop remarked, adding that it was unlikely he would have intended his parents to bear the financial burden of relocation.
Each party was ordered to pay its own legal costs, reflecting the court’s view that this was a tragic family dispute rather than a conventional winner-takes-all contest.
Get your news on the go. Clickhereto follow the Conviction WhatsApp channel.
