Apostolic Faith Mission lockout leads to court battle over property rights

A dispute between the Apostolic Faith Mission of South Africa and a couple, Dr Japie Jimmy La Poorta and Pastor Susan La Poorta, over property rights has led to a court battle. The conflict began when the locks of a building were changed, resulting in the couple being locked out. The couple approached the Western Cape High Court, asking for the restoration of their possession of the property.

The central question was whether they had been in peaceful and undisturbed possession immediately before being locked out. The church claimed that the couple had been employees or agents of a Children's Home, and thus, the property belonged to the Children's Home. The couple, however, argued that they had remained in peaceful possession of the building, citing temporary pauses in renovations due to funding or administrative timelines.

The court found that the La Poortas had exercised sufficient physical control over the property, as they had barricaded the building and held the keys. The court ruled that the La Poortas had been deprived of their possession and ordered the church to restore their peaceful and undisturbed access to the building, delivering them the keys within 48 hours.

However, the court did not determine who has the ultimate right to occupy the property, leaving the underlying dispute to be decided in pending eviction proceedings. This ruling emphasizes that individuals or organizations seeking to remove someone from a property cannot simply change the locks; proper legal processes must be followed.