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MEC for Department of Public Works v Gaeler and Another (1298/2020) [2021] ZAECMHC 27

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MEC for Department of Public Works v Gaeler and Another (1298/2020) [2021] ZAECMHC 27

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20th August 2021

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Click here to read the full judgment on Saflii

[1]    The applicant describes himself as the nominal political head of the Eastern Cape department of public works (the department). Amongst other duties, he says he is championing the operation of recovering state property that is massively being stolen by some people, and ensures that the same is returned to the government. In this matter he applies for an order declaring that the lease agreement entered into between his department and the first respondent was terminated by either effluxion of time or notice. Further, that the respondent and those occupying erf 2320 situated at 38 Sisson Street, Fortgale, Mthatha (the property) to be evicted from the property and other ancillary reliefs. The application is opposed by the first respondent only.

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[2]   According to the applicant, despite the fact that the property belongs to the Transkei government, the property was vested in the Eastern Cape provincial government by the South African government, the Transkei government’s successor in title. The vesting was agreed to as reflected in the attached minutes of the meeting of the Provincial State Land Disposal Committee, held on 17 September 2010, in terms of item 28(1) of Schedule 6 to the Constitution of the Republic of South Africa Act, 108 of 1996 (the Constitution).

 

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