Page 103 - Litigating Land and Housing in South Africa: Lessons and Reflections

IN THE THE MAGISTRATE COURT FOR THE THE DISTRICT OF
HELD AT In the matter between: & SEVEN OTHERS and
BOSCABEL (PTY) LTD
MR BOTHA
CHARGE SHEET
CASE NO: NO: CR NO: NO: PRIVATE PROSECUTORS/ COMPLAINANTS
FIRST ACCUSED SECOND ACCUSED Whereas at at at all times material hereinto the the private prosecutors/complainants referred to to to hereunder were “occupiers” as as defined in in fin in Section 1 1 of of of of the the Extension of of of of Security of of of of Tenure Act No 62 of of of of 1997 Whereas the the First Accused is is is is BOSCABEL (PTY) LTD
a a a a a a a a a a a a a company company with limited liability duly incorporated and
and
registered registered according to to to law and
and
having its registered registered office at at The The director director of of the the the company company is is is is Mr Botha The said director owns the farm Erasmusdan Whereas the the the the the second accused is is is Mr BOTHA
the the the the the owner/person in in in in charge of of the the the the the farm farm Erasmusdan Erasmusdan who resides on on on the the the the the farm farm Erasmusdan Erasmusdan in in in in the the the the the the magisterial district of of Province (herein under referred to as as the the second accused) Whereas on on the the the the 5 October 2002 the the the the second accused unlawfully and
forcefully evicted the the the the said private prosecutors/ complainants from the the the farm Erasmusdan without an an an an order of a a a a a a a a a a a competent court And whereas the the the the said private prosecutors/complainants are are pursuant to to the the the the provisions of of of of of of of Section Section 19 19 19 and
and
23 of of of of of of of the the the the Extension of of of of of of of Security of of of of of of of Tenure Act Act No 62 of of of of of of of 1997 and
and
and
and
Section Section 10 of of of of of of of the the the the the the Criminal Procedure Act Act 51 of of of of of of of 1977 are are each entitled to institute and
and
and
conduct a a a a a a a a a a a a a a private prosecution in in in in in the the the above Honourable Court against the the the First and
and
and
Second Accused in in respect of an an unlawful eviction And whereas the the said said private private prosecutors/complainants do hereby institute the the said said private private prosecution LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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