Stay At South Point Properties (Pty) Ltd v Mqulwana and Others (University of Cape Town intervening as amicus curiae)

The appellant owned and managed a student residence, New Market Junction, leased to the Cape Peninsula University of Technology (CPUT) for student accommodation. The respondents were CPUT students allocated accommodation for the 2020 academic year. After the academic year ended, CPUT required them to vacate in accordance with its rules, but they refused to do so. Some respondents were permitted accommodation for 2021 but still had to vacate temporarily for maintenance and decontamination; they also refused. The appellant sought to evict them relying on the rei vindicatio. The respondents argued that the eviction was invalid because the appellant had not complied with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE). The High Court agreed with the respondents and dismissed the eviction application. The appellant appealed to the Supreme Court of Appeal.

The appeal was upheld. The High Court order was set aside and replaced with a declaration that PIE did not apply to the respondents’ unlawful occupation of the student residence and that the appellant was entitled to secure their eviction. No eviction order or costs order was made, as the respondents had already vacated and each party was ordered to pay its own costs.

This case authoritatively clarifies that student accommodation at higher education institutions does not constitute a 'home' for purposes of section 26(3) of the Constitution and PIE. It limits the scope of PIE in eviction proceedings involving temporary, purpose-specific accommodation and has important implications for universities, private accommodation providers, and student housing policy.