Francois and Another v Ficks and Others (81/2023;) [2024] ZALCC 6 (29 January 2024)

Francois and Another v Ficks and Others (81/2023;) [2024] ZALCC 6 (29 January 2024)

The court found that the respondents were occupiers by consent but had no agreement for continued residence after refusing employment offered by the new owner. The procedural requirements for eviction under ESTA were satisfied, including notice and opportunity to make representations. The respondents have lived rent-free for four years while employed elsewhere, and the appellants require the premises for their own workers. The municipality confirmed no alternative accommodation was available, but the state's obligation to provide emergency housing is triggered when eviction may result in homelessness. The court held that the eviction is just and equitable if linked to the provision of...

Citation
[2024] ZALCC 6
Parties
Appellant: Calvin Francois; Appellant: Loediwikus Theron; Respondent: Hendrik Ficks; Respondent: Elsie Meiring; Respondent: All persons residing with or under the first and second respondents; Respondent: Laingsburg Municipality; Respondent: Department of Land Reform and Rural Development
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
29 January 2024
Case Number
81/2023
Procedural Posture
Civil Appeal / Appeal From Magistrates Court Judgment Refusing Eviction Under ESTA
Outcome
Appeal upheld; eviction granted subject to provision of emergency accommodation by the municipality.
Judges
Y S Meer, M T Ncube
Legal Topics
Extension of Security of Tenure Act, Just and Equitable Eviction, Alternative Accommodation, Municipal Housing Obligation, Termination of Right of Residence, Constitutional Right to Housing
Land and Property Civil Procedure Constitutional Law Extension of Security of Tenure Act Just and Equitable Eviction Alternative Accommodation Municipal Housing Obligation Termination of Right of Residence +1 more

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Parties

Calvin Francois

Appellant

Loediwikus Theron

Appellant

Hendrik Ficks

Respondent

Elsie Meiring

Respondent

All persons residing with or under the first and second respondents

Respondent

Laingsburg Municipality

Respondent

Department of Land Reform and Rural Development

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrates Court Judgment Refusing Eviction Under ESTA

Legal Issues

  1. 1 Whether the termination of the respondents' right of residence under ESTA was just and equitable.
  2. 2 Whether the requirements for eviction under section 9 read with section 8(1) of ESTA were met.
  3. 3 Whether suitable alternative accommodation was available for the respondents.

Ratio Decidendi

The court found that the respondents were occupiers by consent but had no agreement for continued residence after refusing employment offered by the new owner. The procedural requirements for eviction under ESTA were satisfied, including notice and opportunity to make representations. The respondents have lived rent-free for four years while employed elsewhere, and the appellants require the premises for their own workers. The municipality confirmed no alternative accommodation was available, but the state's obligation to provide emergency housing is triggered when eviction may result in homelessness. The court held that the eviction is just and equitable if linked to the provision of...

Court Disposition

Appeal upheld; eviction granted subject to provision of emergency accommodation by the municipality.

Orders

  • The respondents shall vacate the premises they occupy on the farm Konstabel, Laingsburg, Western Cape by no later than 30 July 2024. If they fail to vacate by 30 July 2024, the Sheriff is authorised to secure their eviction on 31 July 2024.
  • The Laingsburg Municipality must provide the respondents with emergency accommodation on or before 15 July 2024, provided they are still on the farm and have not vacated it.