KZN Social Housing NPC, a non-profit organisation operating under the governance of the Social Housing Regulatory Authority (SHRA), has emerged victorious after a prolonged legal battle against two tenants who were evicted for persistently failing to pay their rent.
Represented by attorney Miten Naran of Miten Naran Incorporated, KZN Social Housing successfully upheld its right to recover possession of its properties following years of legal resistance from the tenants. The organisation, which provides affordable rental housing, only proceeds with eviction once all legal avenues have been thoroughly pursued, including applications in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE).
The case involved tenants from Treehaven and Eastbury complexes in Phoenix, who were first served with eviction orders by the Verulam Magistrate’s Court in 2021. The court ruled in October 2021 that they were to vacate the premises by January 2022 due to non-payment of rent. However, when the sheriff carried out the eviction, the tenants unlawfully re-entered the premises by overpowering security guards and breaking in. This prompted KZN Social Housing to escalate the matter to the High Court.
In September 2023, the High Court granted orders to restore possession of the properties to KZN Social Housing. Yet again, the tenants refused to comply. In response, a contempt of court application was brought in October 2023. Justice Gwagwa found both tenants in contempt of the court order and fined them R2,000 each, with the alternative of three months’ imprisonment.
In the interim, after applying for the September order, the tenants filed an appeal, which was heard by Judge Vahed. The appeal was opposed by KZN Social Housing and was dismissed in December 2023. Persisting further, they took their case to the Supreme Court of Appeal in Bloemfontein. Finally, in April 2025, the Supreme Court of Appeal, presided over by Honourable Justices Hughes JA and Henney AJA, ruled decisively against the tenants. The court dismissed the appeal with costs, citing no reasonable prospect of success or compelling grounds for the appeal to be heard.
Following the series of rulings, the tenants were ultimately removed from the premises by the sheriff, bringing closure to the drawn-out case. Speaking on behalf of KZN Social Housing, attorney Miten Naran addressed concerns circulating in the community. He said, “It has come to our attention that certain individuals have been misleading tenants, encouraging them to withhold rent. We want to caution tenants not to be swayed by such misinformation. KZN Social Housing follows all legal processes, and the courts have consistently ruled in our favour.”
Naran further condemned the tenants’ strategy of prolonging the court matter through what he termed “Stalingrad defences” – a reference to the legal tactic of relentless delaying. “This matter has been unnecessarily drawn out. As a result, each tenant now has a cost order of approximately R1 million against them, which they are legally obliged to pay,” he added.
He also highlighted a concerning trend in the social housing sector: “Non-payment of rent is threatening the sustainability of social housing institutions across the country. One major provider has already been liquidated, and another is under business rescue. The danger for tenants is that, in such cases, the properties may be sold to private owners and those tenants would then be subject to market-related rentals, losing the benefit of social housing.”
Naran emphasised the need for accountability among tenants: “KZN Social Housing is a non-profit organisation. Rent is not collected for profit; it is to maintain and sustain the housing services. Tenants must understand that paying rent is vital to the longevity of social housing in South Africa.”
