MGRO Properties (Pty) Ltd and Another v Snyers and Another (LCC 05/2013) [2014] ZALCC 12; [2014] 4 All SA 204 (GJ) (17 April 2014)

MGRO Properties (Pty) Ltd and Another v Snyers and Another (LCC 05/2013) [2014] ZALCC 12; [2014] 4 All SA 204 (GJ) (17 April 2014)

The court found that the first respondent voluntarily resigned from employment, which lawfully terminated his right of residence under the Extension of Security of Tenure Act and the housing agreement. The notices to vacate served on the respondents were valid, as the dispute regarding termination was not properly before the CCMA due to late referral and lack of condonation. The second respondent's right of residence was dependent on the first respondent and terminated with his resignation. The applicants made reasonable efforts to secure alternative accommodation, and the respondents have enjoyed rent-free occupation for over three years. The requirements for eviction under Section 9(2)...

Citation
[2014] ZALCC 12
Parties
Applicant: MGRO Properties (Pty) Ltd; Applicant: Mouton Citrus (Pty) Ltd; Respondent: Abraham Snyers; Respondent: Katrina Snyers
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
17 April 2014
Case Number
LCC 05/2013
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction granted; respondents and all persons occupying through them must vacate the premises by 17 June 2014.
Judges
Y S Meer
Legal Topics
Extension of Security of Tenure Act, Eviction of Occupiers, Termination of Right of Residence, Validity of Notices, Alternative Accommodation
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction of Occupiers Termination of Right of Residence Validity of Notices Alternative Accommodation

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Parties

MGRO Properties (Pty) Ltd

Applicant

Mouton Citrus (Pty) Ltd

Applicant

Abraham Snyers

Respondent

Katrina Snyers

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents' right of residence on the farm was lawfully terminated under the Extension of Security of Tenure Act.
  2. 2 Whether the notices to vacate served on the respondents complied with statutory requirements.
  3. 3 Whether the respondents are entitled to remain on the property as occupiers in their own right.

Ratio Decidendi

The court found that the first respondent voluntarily resigned from employment, which lawfully terminated his right of residence under the Extension of Security of Tenure Act and the housing agreement. The notices to vacate served on the respondents were valid, as the dispute regarding termination was not properly before the CCMA due to late referral and lack of condonation. The second respondent's right of residence was dependent on the first respondent and terminated with his resignation. The applicants made reasonable efforts to secure alternative accommodation, and the respondents have enjoyed rent-free occupation for over three years. The requirements for eviction under Section 9(2)...

Court Disposition

Eviction granted; respondents and all persons occupying through them must vacate the premises by 17 June 2014.

Orders

  • The respondents and all persons occupying through them shall vacate House no. [...] on the farm H[...], C[...], Western Cape, on 17 June 2014.
  • If the respondents fail to vacate by 17 June 2014, the Sheriff is authorised to secure their eviction on 18 June 2014.