Dreyer N.O and Others v Witbooi and Others (2024/124657) [2024] ZALCC 45 (9 December 2024)

Dreyer N.O and Others v Witbooi and Others (2024/124657) [2024] ZALCC 45 (9 December 2024)

The court found that there were material disputes of fact regarding the respondents' employment history and consent to occupy the premises. The respondents provided detailed and plausible accounts of longstanding residence and employment, which were not refuted by compelling evidence from the applicants. Applying the Plascon-Evans rule, the court accepted the respondents' version as true. The applicants failed to discharge the onus to prove unlawful occupation or lack of employment. No request was made for oral evidence or referral to trial. Consequently, the eviction order granted by the magistrate's court was not justified and was set aside.

Citation
[2024] ZALCC 45
Parties
Applicant: Emma Sophia Dreyer N.O; Applicant: Willem Petrus Dreyer N.O; Applicant: Johann Sadie N.O; Applicant: W & E Dreyer Boerdery CC; Applicant: Willem Petrus Dreyer; Respondent: Maria Witbooi; Respondent: Willie Willemse; Respondent: All other persons residing with or under the First to Second Respondents; Respondent: Drakenstein Municipality; Respondent: Provincial Director of the Department of Agriculture, Rural Development and Land Reform
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
9 December 2024
Case Number
2024/124657
Procedural Posture
Automatic Review / Automatic Review of Magistrate's Eviction Order Under Section 19(3) of ESTA
Outcome
Application dismissed; magistrate's eviction order set aside.
Judges
Mabasa
Legal Topics
Extension of Security of Tenure Act, Eviction Proceedings, Dispute of Fact, Long Term Occupier, Magistrates Court Review
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Proceedings Dispute of Fact Long Term Occupier Magistrates Court Review

Case Brief

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Parties

Emma Sophia Dreyer N.O

Applicant

Willem Petrus Dreyer N.O

Applicant

Johann Sadie N.O

Applicant

W & E Dreyer Boerdery CC

Applicant

Willem Petrus Dreyer

Applicant

Maria Witbooi

Respondent

Willie Willemse

Respondent

All other persons residing with or under the First to Second Respondents

Respondent

Drakenstein Municipality

Respondent

Provincial Director of the Department of Agriculture, Rural Development and Land Reform

Respondent

Procedural Posture

Automatic Review / Automatic Review of Magistrate's Eviction Order Under Section 19(3) of ESTA

Legal Issues

  1. 1 Whether the respondents are unlawful occupiers or long-term occupiers under ESTA.
  2. 2 Whether the eviction order granted by the magistrate's court was justified on the papers.
  3. 3 Whether the applicants discharged the onus to prove lack of consent and employment history.

Ratio Decidendi

The court found that there were material disputes of fact regarding the respondents' employment history and consent to occupy the premises. The respondents provided detailed and plausible accounts of longstanding residence and employment, which were not refuted by compelling evidence from the applicants. Applying the Plascon-Evans rule, the court accepted the respondents' version as true. The applicants failed to discharge the onus to prove unlawful occupation or lack of employment. No request was made for oral evidence or referral to trial. Consequently, the eviction order granted by the magistrate's court was not justified and was set aside.

Court Disposition

Application dismissed; magistrate's eviction order set aside.

Orders

  • The application is dismissed.
  • There is no order as to costs.