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Ndlovu v Ngcobo
''Ndlovu v Ngcobo; Bekker and Another v Jika'',〔2003 (1) SA 113 (SCA).〕 an important case in South African property law, was heard in the Supreme Court of Appeal〔Nienaber JA, Harms JA, Olivier JA, Mpati JA and Mthiyane JA.〕 on May 23, 2002, with judgment handed down on August 30.
== Facts ==
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act〔Act 19 of 1998.〕 gives "unlawful occupiers" some procedural and substantive protection against eviction from land. At the time of the launch of these two applications to evict, both occupiers had, according to the ordinary meaning in the Act, been "unlawful occupiers," as they had occupied land without consent. The question arose, however, as to whether "unlawful occupiers" were only those who had unlawfully taken possession of land—squatters, in other words—or whether the term included those who had at one stage enjoyed lawful possession but whose possession had subsequently become unlawful. To exclude such persons from the definition of "unlawful occupier" would necessitate an amendment to the definition to apply to a person who occupied land without the consent, express or tacit, of the owner or person in charge, or without any other right in law to occupy such land.〔Para 5.〕 It needed therefore to be considered whether or not there were indicators in the Act to justify such an emendation.
In neither ''Ndlovu'' nor ''Bekker'' had the applicants for eviction complied with the procedural requirements of the Act; the only issue for the Court to decide was whether or not they had been obliged to do so. As there was no appearance for the respondents, and as the appellants intended to argue the same issue from different perspectives, it was decided to hear their appeals concurrently.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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