AJB Trust and Another v Boiyane and Another (LCC 102/2011, LCC 103/2011) [2012] ZALCC 6 (2 April 2012)

AJB Trust and Another v Boiyane and Another (LCC 102/2011, LCC 103/2011) [2012] ZALCC 6 (2 April 2012)

The court held that in the case of Solomon Sello Boiyane (LCC102/2011), the appellant failed to prove that the respondent's right of residence arose solely from an employment agreement, as the respondent had resided on the property long before his employment commenced. No notice to terminate the right of residence was served, and thus the requirements of sections 8 and 9(2)(a) of the Extension of Security of Tenure Act were not met. The appeal was dismissed. In the case of Johannes Segone (LCC103/2011), the court found that the appellant complied with the service requirements for eviction notice under section 9(2)(d)(i) and Regulation 9(4), as the notice was served in two official...

Citation
[2012] ZALCC 6
Parties
Appellant: AJB Trust; Appellant: AJ Behrens; Respondent: Solomon Sello Boiyane; Respondent: Johannes Segone
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
2 April 2012
Case Number
LCC 102/2011, LCC 103/2011
Procedural Posture
Civil Appeal / Appeal From Magistrates' Court Eviction Applications
Outcome
Appeal LCC102/2011 is dismissed; Appeal LCC103/2011 is granted.
Judges
Mpshe AJ, Kahanovitz AJ
Legal Topics
Extension of Security of Tenure Act, Eviction Procedure, Probation Officer Report, Termination of Right of Residence
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Procedure Probation Officer Report Termination of Right of Residence

Case Brief

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Parties

AJB Trust

Appellant

AJ Behrens

Appellant

Solomon Sello Boiyane

Respondent

Johannes Segone

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrates' Court Eviction Applications

Legal Issues

  1. 1 Whether the requirements of section 8 and section 9 of the Extension of Security of Tenure Act were complied with for eviction.
  2. 2 Whether the absence of a probation officer's report under section 9(3) is fatal to the eviction proceedings.
  3. 3 Whether the right of residence of the respondents was validly terminated.

Ratio Decidendi

The court held that in the case of Solomon Sello Boiyane (LCC102/2011), the appellant failed to prove that the respondent's right of residence arose solely from an employment agreement, as the respondent had resided on the property long before his employment commenced. No notice to terminate the right of residence was served, and thus the requirements of sections 8 and 9(2)(a) of the Extension of Security of Tenure Act were not met. The appeal was dismissed. In the case of Johannes Segone (LCC103/2011), the court found that the appellant complied with the service requirements for eviction notice under section 9(2)(d)(i) and Regulation 9(4), as the notice was served in two official...

Court Disposition

Appeal LCC102/2011 is dismissed; Appeal LCC103/2011 is granted.

Orders

  • Appeal LCC102/2011 is dismissed.
  • Appeal LCC103/2011 is granted.