Is the Respondent obliged to pay rental towards occupation of the property?
[64] The Respondent’s submission is that there was a valid lease agreement between his family and the Department which was effective from March 1995 to the date when he purportedly exercised the option to purchase on 6 April 2002. [65] Respondent has not paid any rental towards the occupation of the property from January 2000 to date. I have alluded to the fact that there is no proof that he has paid rental from the time he occupied the property until January 2000. [66] It is also common cause that the Respondent refused to regularize his occupation of the property through entering into a lease agreement with the Department and has also refused to pay the rental determined by the Department during July 2004. He is presently not paying any rental to the Department. [67] Respondent’s main submission on this issue is that the effect of exercising an option to purchase the property is that in the absence of an agreement between him and the Department with regard to occupational rental or i
