eviction - lease termination - Pinetown - Abahlali baseMjondolo
SERI represents a 62 year old man who has lived on old farmland in Motala Heights, near Pinetown, since 1986. James Pillay is facing eviction by Ricky Govender, who owns much of the land in Motala Heights. Govender has been trying to get rid of Pillay for several years, through a sustained programme of harassment and victimisation. Significantly, Govender brought a High Court ejectment application 3 years ago which was not proceeded with. Govender is now renewing his attempt to evict Pillay by claiming arrear rental – much of which has prescribed and which allegedly fell due after he purported to terminate Pillay’s right of occupancy four years ago.
This case was brought to SERI by Abahlali baseMjondolo, and raises issues relating to the interplay between the Extension of Security of Tenure Act (ESTA) and the PIE Act, the fairness of lease terminations, and the enforceability of improvement liens as defences to ejectment cases.
We are pursuing the case through our Durban correspondents, Trudie Nichols Attorneys.