Machele and Others v Mailula and Others

Sixty‑two families residing in Angus Mansions, Johannesburg, faced eviction after the High Court upheld the validity of a disputed sale of the property to Mr Mailula and granted him an eviction order. Although the High Court granted the residents leave to appeal to the Supreme Court of Appeal, it also granted Mr Mailula leave to execute the eviction pending that appeal. The residents, many of whom were vulnerable persons (including children, elderly people and persons with disabilities), approached the Constitutional Court on an urgent basis seeking suspension of the execution order, arguing that eviction would render them homeless before the appeal was finalised.

The execution order granted by the Johannesburg High Court on 13 November 2008 was suspended pending final determination of the appeal in the Supreme Court of Appeal. The application for leave to appeal against the execution order was referred to the Supreme Court of Appeal to be adjudicated simultaneously with the main appeal. Costs were ordered to be costs in the appeal.

The case affirms that eviction proceedings always raise constitutional issues and that courts must apply PIE in all eviction matters. It clarifies that the Constitutional Court may intervene to suspend interim execution orders where eviction would cause irreparable harm, thereby strengthening protections against homelessness during pending appeals.