Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Municipalities cannot compel access to occupiers before eviction proceedings

June 23, 2026

I nearly cried in court: I never knew some cases could be this emotional

June 22, 2026

SAPS prepares for 30 June protests as rights group warns of anti-migrant mobilisation

June 22, 2026
Facebook X (Twitter) Instagram
Trending
  • Municipalities cannot compel access to occupiers before eviction proceedings
  • I nearly cried in court: I never knew some cases could be this emotional
  • SAPS prepares for 30 June protests as rights group warns of anti-migrant mobilisation
  • Cape Town Minstrel Carnival Association trumps city again in venue appeal drama
  • Jailed forum leader fails to lift order banning blockades and disruptions at Marikana mines
  • Father wins bid to reclaim home transferred to daughter without paying purchase price
  • Questions mount over relocation of 500 Malawians to Johannesburg without shelter plan
  • Fidelity cannot stop former manager from operating Cape Town security business
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Municipalities cannot compel access to occupiers before eviction proceedings
Property Law

Municipalities cannot compel access to occupiers before eviction proceedings

Municipalities cannot force their way in to gather information before launching eviction cases, rules the High Court.
Kennedy MudzuliBy Kennedy MudzuliJune 23, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • High Court rules municipalities cannot compel access to occupiers simply to prepare for possible future eviction proceedings.
  • City of Cape Town fails in its effort to identify and interview tenants living at four Milnerton properties.
  • Property owner barred from entering new lease agreements while enforcement proceedings are pending.

Municipalities are not allowed to force access to occupiers just to prepare for possible future eviction proceedings.

This was the finding of the High Court in the Western Cape when it dismissed an application by the City of Cape Town to identify and interview tenants living at four Milnerton properties.

The municipality said it needed access to the occupiers because future enforcement proceedings could potentially affect their right to stay.

The court disagreed, holding that no eviction-related relief was currently before it and that existing legal procedures already allow for occupiers to be identified, cited, and notified if such proceedings are brought in the future.

In reaching its decision, the court drew a clear line between municipal enforcement action and future eviction-related litigation. It found that municipalities are not entitled to force access to lawful occupiers just to investigate or prepare for a possible future case.

City wanted access to tenants

The dispute is part of ongoing enforcement proceedings involving property owner Jan Paul Michels and four residential properties in Milnerton.

The dispute began with an order granted in March 2025, which declared building works on the properties unlawful and in breach of national building regulations and the City of Cape Town's municipal planning by-law.

That earlier order gave Michels the choice to either regularise the unlawful works through the City's administrative processes or to remove the structures and bring the properties back in line with approved building plans.

According to the City, the unlawful structures are still in place, and the regularisation process has not been completed. The municipality told the court that the properties are occupied by several tenants and that future enforcement actions could potentially affect their continued occupation.

It argued that officials needed access to the tenants to identify them, talk to them, and prepare for any future proceedings that could result in eviction. The City also argued that constitutional and statutory obligations in eviction matters require meaningful engagement with occupiers who could be affected by enforcement action.

Court finds no basis for pre-emptive access

The court rejected the City's argument, finding that the legal authorities relied on by the municipality only applied where occupiers' rights were already directly affected by a court case. "The continued occupation of the tenants is not currently the subject of any order before this court," the judge said.

The judgment recognised that when proceedings may ultimately result in people losing their homes, constitutional protections require that those affected be notified and given a chance to be heard.

However, the court found that these principles are only relevant when eviction-related relief is actually sought, not before. The judge said the City was trying to get information from occupiers for possible future court cases, not for any current proceedings before the court.

"The law has long accommodated situations where occupiers are not individually known when court proceedings begin," the judgment stated.

The court noted that occupiers can be cited collectively based on the properties they occupy and can be served with court papers at those addresses.

"If eviction-related relief is ultimately pursued in Part B, nothing is stopping the City from citing the occupiers in that way and ensuring they are properly notified and allowed to be heard," the judge said.

Existing procedures are sufficient

A central point in the judgment was the finding that existing procedures already provide enough protection for occupiers and give municipalities sufficient ways to involve them in future proceedings.

The judge held that the City's inability to identify every tenant at this stage does not justify forcing access to occupiers just to investigate.

According to the court, questions about how occupiers are cited, served, and involved can be dealt with if and when future proceedings that affect their rights are started. The judgment emphasised that the current occupiers live at the properties with Michels' consent.

While there may eventually be questions about the legality of the occupation due to unlawful land use, the court found that these issues were not part of Part A of the proceedings. "There is therefore no reason, in my view, to compel access to the tenants now for the purpose put forward by the City," the judge found.

New lease agreements prohibited

Although the City did not succeed in gaining access to the tenants, it did obtain an interdict stopping Michels from entering into any new lease agreements or granting more rights of occupation while Part B of the proceedings is decided.

The court found that the properties were still being used as boarding houses, even though that use had already been declared unlawful.

The judge rejected arguments that the earlier order allowed the continued expansion of occupation while regularisation was still possible.

"The opportunity to regularise does not give the right to keep expanding the unlawful use of the properties while enforcement proceedings are still underway," the judgment said.

The court noted that the interdict does not require current tenants to leave or end any existing lease agreements.

Instead, it prevents the number of occupiers from increasing while the wider enforcement proceedings are still unresolved.

Costs reserved

The court dismissed the City's application for access to occupiers, granted the interdict preventing new lease agreements, and reserved the costs of Part A to be decided with the rest of the issues in the case.

Part B of the proceedings, which may include further enforcement and demolition orders arising from alleged non-compliance with the earlier order, still needs to be determined.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

City of Cape Town Eviction Proceedings Municipal Planning Property law Tenant rights
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Cape Town Minstrel Carnival Association trumps city again in venue appeal drama

June 22, 2026

Father wins bid to reclaim home transferred to daughter without paying purchase price

June 22, 2026

Law enforcement officer keeps job after City of Cape Town fails in cannabis dismissal appeal

June 10, 2026
Leave A Reply Cancel Reply

Prove your humanity: 5   +   1   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Property Law
5 Mins Read

Municipalities cannot compel access to occupiers before eviction proceedings

By Kennedy MudzuliJune 23, 20265 Mins Read

The High Court has clarified that municipalities cannot interview occupiers simply to prepare future eviction-related litigation.

I nearly cried in court: I never knew some cases could be this emotional

June 22, 2026

SAPS prepares for 30 June protests as rights group warns of anti-migrant mobilisation

June 22, 2026

Cape Town Minstrel Carnival Association trumps city again in venue appeal drama

June 22, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Standard Bank should have investigated mental health concerns before dismissal, CCMA finds

June 10, 2026

Attorney who blames secretary is like surgeon blaming nurse, judge says

June 18, 2026

Foreign nationals leave SA amid growing tension ahead of planned 30 June deadline

June 17, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by