Burger and Others v Schrader and Others (LANC01R/2025) [2025] ZALCC 14 (20 March 2025)

Burger and Others v Schrader and Others (LANC01R/2025) [2025] ZALCC 14 (20 March 2025)

The court found that the First and Second Respondents' right of residence was derivative of employment and family life, not independent. Their status as occupiers arose after 4 February 1997, making section 11 of ESTA applicable. The termination of employment was procedurally fair, with proper disciplinary proceedings and notices served. The respondents failed to challenge their dismissal or make representations regarding termination of residence. The municipality's inability to provide alternative accommodation was considered, but the absence of such accommodation does not automatically bar eviction. The constitutional duty to provide housing rests with the state, not the applicants. The...

Citation
[2025] ZALCC 14
Parties
Applicant: Alewyn Petrus Burger (JNR) as N.O of the AP Burger Familie Trust (IT: 1482/94); Applicant: Alewyn Petrus Burger (JNR); Applicant: Alewyn Petrus Burger (SNR); Respondent: Johannes Thomas Schrader; Respondent: Mina Schrader; Respondent: All persons residing with or under the First to Second Respondents on Eikenhof Farm; Respondent: Langeberg Municipality; Respondent: Department of Agriculture, Land Reform and Rural Development
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
20 March 2025
Case Number
LANC01R/2025
Procedural Posture
Automatic Review / Automatic Review of Eviction Order From Magistrate's Court Under ESTA
Outcome
Eviction order confirmed in part and substituted in part; respondents to vacate property by 30 May 2025, with provision for emergency housing.
Judges
Ntshalintshali MC
Legal Topics
Extension of Security of Tenure Act, Eviction Procedure, Right to Family Life, Just and Equitable Termination, Municipal Housing Obligation, Constitutional Right to Housing
Land and Property Civil Procedure Constitutional Law Extension of Security of Tenure Act Eviction Procedure Right to Family Life Just and Equitable Termination Municipal Housing Obligation +1 more

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Parties

Alewyn Petrus Burger (JNR) as N.O of the AP Burger Familie Trust (IT: 1482/94)

Applicant

Alewyn Petrus Burger (JNR)

Applicant

Alewyn Petrus Burger (SNR)

Applicant

Johannes Thomas Schrader

Respondent

Mina Schrader

Respondent

All persons residing with or under the First to Second Respondents on Eikenhof Farm

Respondent

Langeberg Municipality

Respondent

Department of Agriculture, Land Reform and Rural Development

Respondent

Procedural Posture

Automatic Review / Automatic Review of Eviction Order From Magistrate's Court Under ESTA

Legal Issues

  1. 1 Whether the First and Second Respondents became occupiers on the farm before or after 4 February 1997.
  2. 2 Whether the eviction falls under section 10 or section 11 of ESTA.
  3. 3 Whether the right of occupation was lawfully cancelled.

Ratio Decidendi

The court found that the First and Second Respondents' right of residence was derivative of employment and family life, not independent. Their status as occupiers arose after 4 February 1997, making section 11 of ESTA applicable. The termination of employment was procedurally fair, with proper disciplinary proceedings and notices served. The respondents failed to challenge their dismissal or make representations regarding termination of residence. The municipality's inability to provide alternative accommodation was considered, but the absence of such accommodation does not automatically bar eviction. The constitutional duty to provide housing rests with the state, not the applicants. The...

Court Disposition

Eviction order confirmed in part and substituted in part; respondents to vacate property by 30 May 2025, with provision for emergency housing.

Orders

  • The order of Magistrate Mr F. Van Deventer of 20 September 2024 is confirmed in part and substituted in part as set out below.
  • The First to Third Respondents are ordered to vacate Eikenhof Farm on or before 30 May 2025; failing which, the Sheriff is authorized to evict them on 7 June 2025.