Joburg High Court ends “not for sale” saga as it recognises property as Family Home

The issue of property, especially in the township has been a touchy subject for many who went through strife,being evicted,fighting sale and ruining family relations across the length and breath of our townships. No more. Lawyers for Human Rights (LHR) recently announced the Johannesburg High Court has granted a landmark order recognising a client’s property in Soweto as a Family Home. This decision provides critical protection to the many families going through disputes regarding sale and eviction. Affirming the right to remain on properties they have considered home for generations. The judgement follows an extensive legal application by LHR on behalf of a family in Soweto, challenging an eviction order issued in 2014 by the property’s current registered owner, and contesting the sole ownership transfer. The courts decision acknowledges the property as a Family Home under South African customary law, reflecting the residence and contributions of the family to the property for generations. Key elements of the court order included: recognition of the property as a family home, safeguarding the rights of all members of the family to reside there. A caveat was placed on the properties title deed, which will restrict any unilateral attempts to sell the property or transfer it’s ownership. Interdiction against eviction: the current title holder has been legally prevented from evicting the family members or occupants residing through them. The ruling has set an important legal precedent by protecting the institution of family homes under customary law. In its submissions to the court, the LHR highlighted that the concept of a family home is deeply rooted in South African heritage, where the right of family members to live and enjoy the property are collectively upheld across generations. The court recognised that these rights extend beyond the individual who’s name is on the title deed, preserving family properties as shared assets for all descendants. “We welcome the High Court’s decision as it affirms the importance of customary law in protecting family homes and ensuring that vulnerable family members are not deprived of a safe place to live,” said Louise du Plessis, Head of the Land and Housing Programme at LHR.