The Supreme Court of Appeal (SCA) has strongly criticized former Western Cape Judge President John Hlophe for his interference in what was a routine eviction application, which ultimately led to a complicated and prolonged legal process. The case, which involved the eviction of unlawful occupiers from a property owned by the Mzamomhle Foundation Trust in Kraaifontein, Cape Town, was unnecessarily delayed due to Hlophe’s actions.
In November 2019, Hlophe issued a directive, instructing two judges, Babalwe Mantame and Lister Nuku, to hear the eviction case and provided them with a 14-point set of instructions on how to conduct the proceedings. The SCA questioned the reasons for Hlophe’s involvement, saying the matter was straightforward and did not require such intervention, nor was there any clear rationale for selecting the two judges.
The SCA highlighted that this directive led to confusion and misapplication of legal principles. It pointed out that the judges’ ruling was based on issues that were not part of the original case and focused on irrelevant factors, like concerns about the impact on children attending the educare center, which was never part of the eviction request. The court noted that the property was non-residential, so the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE) did not apply.
Ultimately, the SCA found that the eviction application was simple: the Mzamomhle Trust had proved its ownership of the property, and the occupiers failed to provide credible evidence to justify their continued stay. The SCA overturned the High Court’s decision, ordering the respondents to vacate the property within five days and granting the Trust an interdict preventing reoccupation.
The judges criticized Hlophe for unnecessarily complicating the case, which led to delays in resolving a matter that should have been settled swiftly. This interference, they said, added to the already congested court roll, delaying the finalization of more urgent cases. The SCA also pointed out that the eviction had been pending for years and the Trust had suffered significant financial losses due to the unlawful occupation.