Elankor Ses (Pty) Ltd v Ngcosholo and Others (LCC 31R/2006) [2010] ZALCC 31 (8 December 2010)

Elankor Ses (Pty) Ltd v Ngcosholo and Others (LCC 31R/2006) [2010] ZALCC 31 (8 December 2010)

The court found that the applicant failed to provide suitable alternative accommodation for the respondent and his family as required by section 10(2) of the Extension of Security of Tenure Act. The offers made, including an RDP house and vacant sites, did not meet the statutory definition of suitable alternative accommodation, which requires safety, adequacy for the household's needs, and the ability to continue agricultural activities. The respondent's long-term residence and attachment to the farm, combined with the lack of viable alternatives, outweighed the applicant's business interests. The court concluded that, in the absence of suitable alternative accommodation, it would be...

Citation
[2010] ZALCC 31
Parties
Applicant: Elankor Ses (Pty) Ltd; Respondent: Mzwandile Ngcosholo and Others
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
8 December 2010
Case Number
LCC 31R/2006
Procedural Posture
Review Application / Final Review After Remittal and Variation of Order
Outcome
Eviction order set aside; respondent and other occupiers may not be evicted until suitable alternative accommodation is available.
Judges
Ncube AJ
Legal Topics
Extension of Security of Tenure Act, Eviction, Suitable Alternative Accommodation, Magistrates Court Review
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Suitable Alternative Accommodation Magistrates Court Review

Case Brief

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Parties

Elankor Ses (Pty) Ltd

Applicant

Mzwandile Ngcosholo and Others

Respondent

Procedural Posture

Review Application / Final Review After Remittal and Variation of Order

Legal Issues

  1. 1 Whether suitable alternative accommodation is available for the respondent and his family as required by section 10(2) of the Extension of Security of Tenure Act.
  2. 2 Whether the eviction order granted by the Magistrate should be confirmed or set aside.
  3. 3 Whether the applicant's property rights outweigh the respondent's right to housing under the circumstances.

Ratio Decidendi

The court found that the applicant failed to provide suitable alternative accommodation for the respondent and his family as required by section 10(2) of the Extension of Security of Tenure Act. The offers made, including an RDP house and vacant sites, did not meet the statutory definition of suitable alternative accommodation, which requires safety, adequacy for the household's needs, and the ability to continue agricultural activities. The respondent's long-term residence and attachment to the farm, combined with the lack of viable alternatives, outweighed the applicant's business interests. The court concluded that, in the absence of suitable alternative accommodation, it would be...

Court Disposition

Eviction order set aside; respondent and other occupiers may not be evicted until suitable alternative accommodation is available.

Orders

  • The order for the eviction of the respondent and other occupiers granted by the Magistrate, Port Elizabeth, on 07 March 2006 in case number 12428/05 is set aside in its entirety.