Mkangeli and Others v Joubert and Others (220/2001) [2002] ZASCA 13; [2002] 2 All SA 473 (A) ; 2002 (4) SA 36 (SCA) (25 March 2002)

Mkangeli and Others v Joubert and Others (220/2001) [2002] ZASCA 13; [2002] 2 All SA 473 (A) ; 2002 (4) SA 36 (SCA) (25 March 2002)

The Supreme Court of Appeal held that the Extension of Security of Tenure Act 62 of 1997 (ESTA) applies to all eviction proceedings against occupiers, regardless of whether the applicant is the owner or a third party. The Act's wide wording in sections 9(1) and 23(1) indicates that any right to evict an occupier is subject to ESTA's provisions. The High Court lacked jurisdiction to order the eviction, as ESTA vests jurisdiction in the magistrate's court and Land Claims Court unless all parties consent, which was not the case here. The appellants, as occupiers who acquired tenancy with the owner's consent, are protected under ESTA, and any eviction must comply with its requirements. The...

Citation
[2002] ZASCA 13
Parties
Appellant: Katazile Mkangeli and 241 Others; Respondent: Joshua Johannes Joubert; Respondent: Village Farm Administrators (Pty) Ltd; Respondent: Jukskei Crocodile Catchment Area Forum; Respondent: The Dutch Reformed Church Noordrand
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 March 2002
Case Number
220/2001
Procedural Posture
Civil Appeal / Appeal From the Witwatersrand Local Division
Outcome
Appeal allowed with costs; orders of the Court a quo set aside and substituted.
Judges
Smalberger, Howie, Olivier, Mpati, Brand
Legal Topics
Extension of Security of Tenure Act, Eviction Proceedings, Jurisdiction of High Court, Constitutional Right to Tenure, Nuisance, Town Planning Scheme
Land and Property Civil Procedure Constitutional Law Extension of Security of Tenure Act Eviction Proceedings Jurisdiction of High Court Constitutional Right to Tenure Nuisance +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Katazile Mkangeli and 241 Others

Appellant

Joshua Johannes Joubert

Respondent

Village Farm Administrators (Pty) Ltd

Respondent

Jukskei Crocodile Catchment Area Forum

Respondent

The Dutch Reformed Church Noordrand

Respondent

Procedural Posture

Civil Appeal / Appeal From the Witwatersrand Local Division

Legal Issues

  1. 1 Does the Extension of Security of Tenure Act 62 of 1997 (ESTA) apply to eviction proceedings brought by non-owners?
  2. 2 Did the High Court have jurisdiction to order the eviction of the appellants under ESTA?
  3. 3 Are the appellants protected as 'occupiers' under ESTA despite the application being brought by non-owners?

Ratio Decidendi

The Supreme Court of Appeal held that the Extension of Security of Tenure Act 62 of 1997 (ESTA) applies to all eviction proceedings against occupiers, regardless of whether the applicant is the owner or a third party. The Act's wide wording in sections 9(1) and 23(1) indicates that any right to evict an occupier is subject to ESTA's provisions. The High Court lacked jurisdiction to order the eviction, as ESTA vests jurisdiction in the magistrate's court and Land Claims Court unless all parties consent, which was not the case here. The appellants, as occupiers who acquired tenancy with the owner's consent, are protected under ESTA, and any eviction must comply with its requirements. The...

Court Disposition

Appeal allowed with costs; orders of the Court a quo set aside and substituted.

Orders

  • The appeal is allowed, with costs against the respondents jointly and severally.
  • Paragraphs 2 to 6 of the order of the Court a quo are set aside and substituted with: 'The application against the 14th to the 255th respondents is dismissed.'