National Department of Public Works v Fani and 77 Others (Residents of Farm Greydel (Airport Park)) and Another

The National Department of Public Works demolished the homes of Simphiwe Fani and 77 others on Farm Greydel, East London, in July 2020, relying on an ex parte interdict granted in March 2017 against unidentified persons allegedly attempting to occupy the land. The Eastern Cape High Court later declared the demolitions unlawful and ordered restoration of the homes, finding that eviction proceedings under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) should have been followed. The Department was granted leave to appeal but failed to file the appeal record and heads of argument timeously, causing the appeal to lapse. More than a year later, it sought condonation and reinstatement of the appeal, citing administrative delays and issues with transcribers.

The application for condonation and reinstatement of the lapsed appeal was refused with costs.

The case reinforces strict compliance with appellate procedural rules and underscores that condonation is not a formality, particularly for organs of state. It affirms that ex parte orders against unidentified persons cannot be relied upon to bypass PIE Act protections and highlights judicial intolerance of dilatory conduct that undermines access to justice, especially in housing-related disputes.