Occupants of a family home are protected from a possible eviction, the Gauteng High Court, Johannesburg has ruled.
The matter at hand involved the Dhlamini property in Soweto, which the court has now recognised as a family home, thus preventing any possible eviction.
Lawyers for Human Rights represented the Dhlamini family in court. After a protracted battle, the court granted a landmark order recognising its client’s property as a family home.
This decision provides critical protection to the Dhlamini family, preventing their eviction and affirming their right to remain on a property they have considered home for generations, Louise du Plessis, head of the land and housing programme at Lawyers for Human Rights said.
The judgment follows an extensive legal application on behalf of the Dhlamini family, challenging an eviction order issued in 2014 by the property’s current registered owner, and contesting the sole ownership transfer.
Du Plessis said the court’s decision acknowledges the property as a family home under South African customary law, reflecting the residence and contributions of the Dhlamini family to the property since the 1960s.
Key elements of the court order include the recognition of the property as a family home: The court acknowledged that the property has been formally designated as a family home, safeguarding the rights of all family members to reside there.
The court directed that the title deed be amended to include a caveat indicating the property’s status as a family home, which will restrict any unilateral attempts to sell or transfer its ownership.
The current title holder has been legally prevented from evicting the Dhlamini family members, or any occupants residing through them.
“This ruling sets an important legal precedent by protecting the institution of family homes under customary law,” Du Plessis said.
In making submissions to the court on behalf of their client, LHR highlighted that the concept of a family home is deeply rooted in South African heritage, where the rights of family members to live in and enjoy the property are collectively upheld across generations.
“The court recognised that these rights extend beyond the individual whose name is listed on the title deed, preserving family properties as shared assets for all descendants,” she explained.
Du Plessis said the ruling affirms the importance of customary law in protecting family homes and ensuring that vulnerable family members are not deprived of a safe place to live.
“This case is a victory for the Dhlamini family and for families across South Africa who have long called properties like these their home. It highlights the need for a legal approach that respects both statutory and customary laws, and which upholds community values over rigid property ownership structures,” du Plessis said.
This judgment underscores the significance of family properties in South Africa, particularly for communities that have faced historical dispossession and discriminatory laws.
Lawyers for Human Rights said it remained committed to defending the rights of individuals and families affected by eviction and ownership disputes, and look forward to continuing this essential work to ensure justice and protection for all.
