JOHANNESBURG - Property law expert and lawyer Michael Wellbeloved has hailed the High Court’s ruling against the City of Johannesburg as a victory for property owners.
He says it was long overdue for owners affected by eviction delays.
"We are pleased with the outcome because the city's inaction has caused many property owners within its jurisdiction to be without their property in many cases over the decade" he said.
The court ordered the city to pay R12.3 million in damages to the owners of an 11-storey inner-city building after finding that they suffered financial losses due to the city's failure to act.
The case dates back to 2012 when a court granted an eviction order for 247 illegal occupiers.
However, the process was stalled as the city was required to provide emergency housing before any eviction could take place.
The city argued that it had offered alternative accommodation, but the court found these offers to be either non-existent, inadequate, or unacceptable.
Wellbeloved acknowledged that claims of this nature, known as delictual or damage claims, often raise concerns about opening the floodgates to litigation.
“If every property owner whose eviction was delayed were to bring a similar suit, should the courts assist them in the same way, the answer there would ultimately be held by a superior court to be known.
"This is because it would have the effect of breaking the back of the city," he said.
Wellbelovered agrees that the ruling should be president-setting and it is progressive to be used for property owners.