Fargo and Others v Vecto Trade (Edms) Bpk (LCC96/06) [2007] ZALCC 5 (7 March 2007)

Fargo and Others v Vecto Trade (Edms) Bpk (LCC96/06) [2007] ZALCC 5 (7 March 2007)

The court found that the magistrate erred in granting the eviction order without properly determining whether the right of residence had been lawfully terminated in accordance with the Extension of Security of Tenure Act. The evidence showed that a labour dispute regarding the termination of employment was referred to the CCMA and only resolved by settlement in July 2005. In terms of section 8(3) of the Act, the right of residence could only be terminated once the dispute was resolved. The section 9(2)(d) notices were served before the resolution of the dispute, rendering them premature and invalid. The magistrate also failed to identify the relevant statutory basis for eviction and did...

Citation
[2007] ZALCC 5
Parties
Appellant: Saul Fargo (Snr); Appellant: Sera Fargo; Appellant: Saul Fargo (Jnr); Appellant: Japie Ferreira; Respondent: Vecto Trade (Edms) Bpk.
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
7 March 2007
Case Number
LCC96/06
Procedural Posture
Civil Appeal / Appeal From Magistrate's Eviction Order
Outcome
Appeal upheld; eviction order set aside; application for remittal dismissed; no order as to costs.
Judges
Bam, Pienaar
Legal Topics
Extension of Security of Tenure Act, Eviction Procedure, Termination of Right of Residence, Labour Dispute Referral, Section 9 Notices, Waiver of Rights
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Procedure Termination of Right of Residence Labour Dispute Referral Section 9 Notices Waiver of Rights

Case Brief

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Parties

Saul Fargo (Snr)

Appellant

Sera Fargo

Appellant

Saul Fargo (Jnr)

Appellant

Japie Ferreira

Appellant

Vecto Trade (Edms) Bpk.

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Eviction Order

Legal Issues

  1. 1 Whether the termination of the appellants' right of residence was lawful under the Extension of Security of Tenure Act.
  2. 2 Whether the eviction order was granted in compliance with section 9(2) and section 10 of the Act.
  3. 3 Whether the pending labour dispute before the CCMA suspended the termination of the right of residence.

Ratio Decidendi

The court found that the magistrate erred in granting the eviction order without properly determining whether the right of residence had been lawfully terminated in accordance with the Extension of Security of Tenure Act. The evidence showed that a labour dispute regarding the termination of employment was referred to the CCMA and only resolved by settlement in July 2005. In terms of section 8(3) of the Act, the right of residence could only be terminated once the dispute was resolved. The section 9(2)(d) notices were served before the resolution of the dispute, rendering them premature and invalid. The magistrate also failed to identify the relevant statutory basis for eviction and did...

Court Disposition

Appeal upheld; eviction order set aside; application for remittal dismissed; no order as to costs.

Orders

  • The appeal succeeds.
  • The order of the court a quo is set aside in its entirety.