Applewaite Farm (Pty) Ltd v Jaars and Others (LCC 120/2019) [2023] ZALCC 17 (26 May 2023)

Applewaite Farm (Pty) Ltd v Jaars and Others (LCC 120/2019) [2023] ZALCC 17 (26 May 2023)

The court found no evidence of a written housing policy or agreement requiring relocation upon retirement. The applicant's reliance on alleged breaches was unsupported, as the first respondent's resistance to relocation was bona fide and based on a belief in a right of habitio, not mala fide intent. The relationship breakdown was not irretrievable, and no material breach under section 10(1)(b) or (c) of ESTA was established. The third to eighth respondents' right of residence was derived from the first respondent's right to family life, and their continued occupation was lawful under ESTA. The alternative accommodation offered was suitable and did not impair dignity. The court declined to...

Citation
[2023] ZALCC 17
Parties
Applicant: Applethwaite Farm (Pty) Ltd; Respondent: Petrus Jaars; Respondent: Ragel Jaars; Respondent: Tania Louw; Respondent: Sue-Ann Louw; Respondent: Godfrey Jaars; Respondent: Godwin Louw; Respondent: Joslin Louw; Respondent: All Other Occupiers, Meadows 8, Applethwaite Farm; Respondent: Theewaterskloof Municipality; Respondent: Head: Western Cape Provincial Department of Rural Development and Land Reform
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
26 May 2023
Case Number
LCC 120/2019
Procedural Posture
Eviction Application / Opposed Motion Hearing and Judgment
Outcome
Relocation of the first to eighth respondents to Village 27 is ordered; eviction is refused.
Judges
Flatela
Legal Topics
Extension of Security of Tenure Act, Protected Occupier, Eviction Procedure, Right to Family Life, Suitable Alternative Accommodation
Land and Property Civil Procedure Extension of Security of Tenure Act Protected Occupier Eviction Procedure Right to Family Life Suitable Alternative Accommodation

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Parties

Applethwaite Farm (Pty) Ltd

Applicant

Petrus Jaars

Respondent

Ragel Jaars

Respondent

Tania Louw

Respondent

Sue-Ann Louw

Respondent

Godfrey Jaars

Respondent

Godwin Louw

Respondent

Joslin Louw

Respondent

All Other Occupiers, Meadows 8, Applethwaite Farm

Respondent

Theewaterskloof Municipality

Respondent

Head: Western Cape Provincial Department of Rural Development and Land Reform

Respondent

Procedural Posture

Eviction Application / Opposed Motion Hearing and Judgment

Legal Issues

  1. 1 Whether it is just and equitable under section 10(1)(b) and (c) of ESTA to evict the respondents from their residence based on alleged irretrievable breakdown of relationship.
  2. 2 Whether the first respondent committed a material breach justifying termination of residence under ESTA.
  3. 3 Whether the third to eighth respondents' right of residence can be terminated solely on the conduct of the first respondent.

Ratio Decidendi

The court found no evidence of a written housing policy or agreement requiring relocation upon retirement. The applicant's reliance on alleged breaches was unsupported, as the first respondent's resistance to relocation was bona fide and based on a belief in a right of habitio, not mala fide intent. The relationship breakdown was not irretrievable, and no material breach under section 10(1)(b) or (c) of ESTA was established. The third to eighth respondents' right of residence was derived from the first respondent's right to family life, and their continued occupation was lawful under ESTA. The alternative accommodation offered was suitable and did not impair dignity. The court declined to...

Court Disposition

Relocation of the first to eighth respondents to Village 27 is ordered; eviction is refused.

Orders

  • The relocation of the first to eighth respondents from Meadows 8 to Village 27 is granted.
  • The first to eighth respondents shall vacate Meadows 8 and relocate to Village 27 on or before 1 September 2023.