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The immovable property is one of the social housing complexes which the applicant established and it comprises of some 330 two bedroom units development built as a two to four storey walk up blocks of flats.The immovable property is situated within the area of jurisdiction of this Court and within the jurisdiction of the Ethekwini City Council (city).[3] The applicant’s primary purpose is the development of quality affordable residential property for low income households.In reply to their allegation, the applicant furnished the title deeds which form annexure STAA to the replying affidavit.Annexure STAA confirms that the applicant is the registered owner of the immovable property.The applicant has also obtained bond finance through the National Housing Finance Corporation, an organization established to provide finance to organisations such as the applicant.[4] One of the salient features of the scheme is the cross-subsidisation, which means that although the units are all of the same size, the rent payable by the tenant varies from tenant to tenant based on the individual tenant’s income.

The respondents have denied that the applicant owns the immovable property.

In the circumstances I find it idle to contend against the applicant’s evidence in this regard.

On the alleged failure of the applicant to satisfy the requirements of sections 4(7) and/or (8), I can do no better than to repeat what was pronounced by Harms JA in Ndlovu v Ngcobo; Bekker and Another v Jika 2003 (1) SA 113 SCA at 124E-F when he stated: Relevant circumstances are nearly without fail facts within the exclusive knowledge of the occupier and it cannot be expected of an owner to negative in advance facts not known to him and not in issue between the parties.’[10] In the third point in limine, the respondents contend that the applicant instituted these proceedings as an urgent application.

The funding to construct the development comes from a number of sources, including the National Department of Housing which provides an institutional subsidy to the applicant for rental units for qualifying beneficiaries in a family who do not earn more than R7 500 total income per month.

The subsidy vests in the applicant and not in the individual.