The Gauteng High Court (Johannesburg) has recognised property as a family home, and thus protected the rights of a family who was facing possible eviction.

The Star reports Lawyers for Human Rights (LHR) – which turned to court on behalf of the Dhlamini family – was granted a landmark order recognising its client’s property in Soweto as a family home.

This decision provides critical protection to the Dhlamini family, preventing their eviction and affirming their right to remain on a property they have considered home for generations.

The judgment follows an extensive legal application by LHR on behalf of the Dhlamini family, challenging an eviction order issued in 2014 by the property’s current registered owner, and contesting the sole ownership transfer.

LHR’s Louise du Plessis said the court’s decision acknowledges the property as a family home under SA customary law, reflecting the residence and contributions of the Dhlamini family to the property since the 1960s.

Key elements of the court order include the recognition of the property as a family home: The court acknowledged that the property has been formally designated as a family home, safeguarding the rights of all family members to reside there.

The court directed that the title deed be amended to include a caveat indicating the property’s status as a family home, which will restrict any unilateral attempts to sell or transfer its ownership. 

The current title holder has been legally prevented from evicting the Dhlamini family members, or any occupants residing through them. 

‘This ruling sets an important legal precedent by protecting the institution of family homes under customary law,’ Du Plessis said.

Full report in The Star