The KwaZulu-Natal High Court in Durban has granted Sarojanie Govindan's application to evict her late husband's parents from a ground-floor unit in Phoenix. The property is registered in the names of Govindan and her deceased husband. Judge Robin Mossop delivered the judgment immediately after the hearing on Monday.

Govindan allowed her parents-in-law, Thamanathran Govindan (79) and Romila Govindan (72), to occupy the property in April 2021. They agreed to cover utility costs, which they have paid consistently. Her husband died on 5 August 2021, prompting Govindan to cite financial difficulties from the loss of his income as the reason for wanting to sell the property.

She issued notices to vacate on 21 January 2022 and 9 October 2022, but the couple remained. A potential sale collapsed when they refused to leave, according to court papers.

The court applied the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act to determine if the eviction was just and equitable. An eThekwini Municipality report showed the couple's combined monthly income at R5,200. The report also noted their daughter is willing to accommodate them if evicted.

Judge Mossop ruled that the in-laws' occupation relied on the owners' generosity, which Govindan could withdraw legally. He criticised her change of heart as potentially mean-spirited, noting the in-laws' loss of their son matched or exceeded hers. The judge questioned Govindan's financial disclosures, pointing out she owns two other units in the same building and derives undisclosed income from them, according to the in-laws' submissions.

"While the second applicant may have demonstrated a generosity of spirit that permitted the respondents to occupy the immovable property while her husband was still alive, now that he has passed on, it appears that her liberality of spirit has also left her," Mossop stated in the judgment.

In-Laws' Response and Next Steps

The in-laws opposed the eviction, arguing they lacked secure alternative housing and raising issues with the will's validity, which the court dismissed. They claimed Govindan was not fully transparent about her finances.

The court ordered the couple to vacate by 31 July 2026 and continue paying utilities until then. Govindan must contribute at least R10,000 to their relocation costs if they move within the greater Durban area. The municipality offered assistance with a site and materials for an informal dwelling within six weeks, though not near Phoenix. If they fail to comply, the sheriff can enforce the eviction.