Drumearn (Pty) Ltd and Others v C P and Others (11/2020) [2020] ZALCC 21 (9 July 2020)

Drumearn (Pty) Ltd and Others v C P and Others (11/2020) [2020] ZALCC 21 (9 July 2020)

The court found that Mrs. P is a protected occupier in her own right under section 8(4) of ESTA, having resided on the farm for approximately 19 years and previously been employed there. The appellants erred by serving notice under section 8(5), which applies only to spouses or dependants of deceased long-term occupiers, not to protected occupiers in their own right. The conduct alleged by the appellants, including Mrs. P's refusal to relocate and her uncooperative attitude, did not amount to a fundamental breach of the relationship as envisaged by section 10(1)(c). The procedure followed by the appellants was fatally flawed, and the termination of residence was unlawful and not just and...

Citation
[2020] ZALCC 21
Parties
Appellant: Drumearn (Pty) Ltd; Appellant: James Edward Rawbone-Viljoen; Appellant: Brandon Craig Myburgh; Respondent: C P; Respondent: E P; Respondent: All persons residing with or under the first and second respondents on the farm Blauwkrans, Grabouw; Respondent: Theewaterskloof Municipality; Respondent: Department of Land Reform and Rural Development
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
9 July 2020
Case Number
11/2020
Procedural Posture
Civil Appeal / Appeal Against Magistrate's Dismissal of Eviction Application
Outcome
Appeal dismissed; respondents may not be evicted from the farm.
Judges
Canca, Molefe
Legal Topics
Extension of Security of Tenure Act, Protected Occupier Status, Eviction Procedure, Fundamental Breach, Notice Requirements
Land and Property Civil Procedure Extension of Security of Tenure Act Protected Occupier Status Eviction Procedure Fundamental Breach Notice Requirements

Case Brief

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Parties

Drumearn (Pty) Ltd

Appellant

James Edward Rawbone-Viljoen

Appellant

Brandon Craig Myburgh

Appellant

C P

Respondent

E P

Respondent

All persons residing with or under the first and second respondents on the farm Blauwkrans, Grabouw

Respondent

Theewaterskloof Municipality

Respondent

Department of Land Reform and Rural Development

Respondent

Procedural Posture

Civil Appeal / Appeal Against Magistrate's Dismissal of Eviction Application

Legal Issues

  1. 1 Whether the Magistrate erred in finding that the appellants failed to comply with the notice provisions of ESTA.
  2. 2 Whether Mrs. P is a protected occupier in her own right under section 8(4) of ESTA.
  3. 3 Whether the conduct of Mrs. P constituted a fundamental breach justifying eviction under section 10(1)(c) of ESTA.

Ratio Decidendi

The court found that Mrs. P is a protected occupier in her own right under section 8(4) of ESTA, having resided on the farm for approximately 19 years and previously been employed there. The appellants erred by serving notice under section 8(5), which applies only to spouses or dependants of deceased long-term occupiers, not to protected occupiers in their own right. The conduct alleged by the appellants, including Mrs. P's refusal to relocate and her uncooperative attitude, did not amount to a fundamental breach of the relationship as envisaged by section 10(1)(c). The procedure followed by the appellants was fatally flawed, and the termination of residence was unlawful and not just and...

Court Disposition

Appeal dismissed; respondents may not be evicted from the farm.

Orders

  • The appeal is dismissed.
  • No order as to costs.